LALMAND NABHIK CHAUDHARY Vs. STATE

JUDGEMENT

(1.) This appeal is by the accused who has been tried, convicted and sentenced for incestuous rape under Sections 376, and 506 IPC. The accused has been sentenced under Section 376 to undergo R.I. for ten years and pay a fine of Rs. 60,000/- and in default to undergo R.I. for one year, and under Section 506 the accused has been sentenced to pay a fine of Rs. 500/- and in default to undergo R.I. for one month.

(2.) The accused was charged and tried with the allegation that between 1-1-2006 to 24-1-2006 the accused committed rape on the victim (name withheld) in House No. 405, Ganga Nagar, Mapusa, Goa and also threatened her with dire consequences. The case of the accused was one of denial simpiliciter. The prosecution examined 12 witnesses in support of the charge. The accused examined none. After considering the evidence produced, the learned trial Court came to the conclusion that inspite of all the attempts made by the victims's mother and other family members to make the victim turn hostile in the Court, the prosecution was able to prove beyond reasonable doubt that the victim girl was being constantly molested and raped by her own father, in the absence of the victim's mother who was staying at that time in Allahabad.

(3.) The accused, the father of the victim was residing at Ganga Nagar in Mapusa while the victim/PW1 who is the eldest daughter was residing in their native place in Village Dasupur in Allahabad (U.P.) with her mother and brother Akash, 4, and sister Geeta, 6. The accused was residing at Ganga Nagar along with his nephew Daya Shankar Nabhik/PW2 and his wife Vandana Nabhik/PW5, children Gayatri/PW4 who was 11 years old, Usha, 10, Shivkumar, 8, Kavita, 6, Rakesh, 15 and Mahesh, 7. The accused brought the victim/PW1 to reside along with him at Mapusa. The victim was brought down by the accused on or about 23-12-2005 with a promise that he would teach her tailoring. The victim/PW1 filed a complaint on 24-1-2006 and the same was registered by PSI Po of the Mapusa Police Station. The said complaint was written down at the instructions of the Police Inspector Shri Patil/PW7. A scene of offence panchanama was prepared on 25-1-2006 during the course of which certain articles were attached. Shrikant Badigar/PW6 was examined to prove the said panchanama. In the course of the said panchanama, the victim had pointed out to a lungi on the cot stating that it was of her father which he was wearing at the time her father had raped her. However, the said lungi(Exh.C-1) when sent for forensic analysis did not exhibit any signs of semen. The victim was then sent for medical examination and was examined by Dr. E. G. Rodrigues/PW3 who deposed that the victim had given to him the history of sexual intercourse by her own father for last three months on multiple occasions last being on 24-1-2006 at 12 p.m. and upon examination Dr. Rodrigues, inter alia, found that although there was no injury on the inner aspects of thighs or abrasions on genitals there was a bruise of 2 x 1 cms. at 6 o'clock position which was fresh, reddish, tender and was within 24 hours duration. Dr. Rodrigues also found old healed hymeneal tear at 3 and 9 o'clock position, and, in the opinion of Dr. Rodrigues/PW3 the victim was accustomed for sexual intercourse and there was recent penetration. The accused was also examined by him and he opined that upon physical and genital examination there was nothing to suggest that he was incapable of sexual intercourse.