BABAN DEVJI RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under section 376(2) (f) of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for 10 years and to pay fine of Rs. 10,000/- I.d. to suffer S.I. for one year by the Additional Sessions Judge, Satara vide Judgment and Order dated 20/11/2014 in Sessions Case No. 11 of 2013. Hence, this appeal.

(2.) It is a traumatic and pathetic story of minor girl aged about 10 years, who has been sexually assaulted by her own biological father. The appellant happens to be the biological father of Ms. X. The appellant is father of one son and two daughters. Son resides with the appellant whereas the daughters are residing with their grand-mother(mother's mother) who was working as an agricultural labour.

(3.) On 3/9/2012 the appellant herein had been to the school of the victim i.e. his daughters, informed her teacher that he has to take the daughter for signing in the rationing office. He had misled the daughter i.e. victim and taken her in agricultural land. There was a sugarcane crop at the place where she was denuded of her clothes and was sexually assaulted by her father. He had then dropped her to her grand-mother's house and had threatened her of dire consequences in the eventuality that she would disclose the incident to anybody.