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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT NAGPUR BENCH
R.K. DESHPANDE, M.G. GIRATKAR, JJ.
Chhotelal Kandhari Pajapati – Appellant
Versus
The State of Maharashtra – Respondent
Criminal Appeal No. 51 of 2017
Decided On : 01-11-2017
Sexual Offences - Protection of Children - Section 5(n), Section 6 of Protection of Children from the Sexual Offences Act, 2012 - [Section 5(n), Section 6]
Fact of the Case:
The appellant, step-father of the victim, was convicted for committing an offence under Section 5(n) punishable under Section 6 of Protection of Children from the Sexual Offences Act, 2012. The victim, a minor, was impregnated by the appellant through continuous sexual intercourse, leading to her pregnancy and subsequent childbirth.
Finding of the Court:
The court found the appellant guilty based on the victim's testimony, supported by medical evidence and DNA reports. The court emphasized that in cases of rape, the sole testimony of the victim can be relied upon, and corroboration is not essential if the victim's testimony is found to be truthful and reliable.
Issues: The issues revolved around the credibility of the victim's testimony, the applicability of the Protection of Children from the Sexual Offences Act, 2012, and the evidence supporting the appellant's guilt.
Ratio Decidendi: The court emphasized that in cases of rape, the testimony of the victim is more reliable than that of an injured witness, and conviction can be based solely on the victim's testimony if found to be truthful and reliable. The court also highlighted that delay in lodging a first information report does not necessarily render the prosecution version brittle, especially in cases involving minors who may be unaware or unable to disclose the crime due to fear.
Final Decision: The court dismissed the appeal and upheld the appellant's conviction, emphasizing the seriousness of the offence and the need to enforce the provisions of the Protection of Children from the Sexual Offences Act, 2012.
M.G. GIRATKAR, J.
1. This is an appeal against the Judgment of conviction by Sessions Court, Wardha in Special Case No.54 of 2014, dt.27.6.2016, by which the appellant is convicted for committing an offence under Section 5(n) punishable under Section 6 of Protection of Children from the Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default to suffer rigorous imprisonment for six months. The appellant is also convicted for the offence punishable under Section 506 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/-, in default to suffer rigorous imprisonment for two months.
2. The case of prosecution, in short, is as under:
Appellant is step-father of victim. The victim was aged about 15 years. She was studying in 7th Std at the time of incident in the year 2013. She had started her menstrual periods. She told her friend Shubhangi about the same. She also told about this fact to appellant/her step-father. Her mother died when she was 1½ years old. She was the only person, residing with her step-father in a rented house. When she disclosed to the appellant that she has started receiving menstrual periods, the appellant scolded her saying that her clothes were stained with blood because she might have slept with somebody. After 2-3 days, the appellant started sleeping with her. He used to undress her, threatening her and did sexual intercourse with her. He continued sexual intercourse with the victim till 25.2.2014.
3. The victim was not feeling well. Therefore, she informed Lata Ramesh Ramteke (PW-2), who was her neighbour. Lata Ramteke took her to Dr. Mohd. Shoeb Sheikh (PW-4). Dr.Shoeb examined the victim and found that she was pregnant. On inquiry, she told him that her step-father used to do sexual intercourse with her continuously since November, 2013 and therefore, she became pregnant. Lata Ramteke also inquired with her. She disclosed the same fact to her.
4. On 27.2.2014, the victim along with Lata Ramteke (PW-2) went to Police Station, Wardha and lodged report. Crime was registered for the offences punishable under Sections 376(f)(i)(k)(n), 323, 504, and 506 of the Indian Penal Code and Sections 3 and 4 of the Protection of Children from the Sexual Offences Act, 2012 (hereinafter referred to as “the POSCO Act”).
5. Investigating Officer Murlidhar Pandurang Burade sent the victim for medical examination. Dr.Krushna Shende, Medical Officer examined her and issued Medico-legal Certificate. He observed the victim carrying pregnancy. Investigating Officer Murlidhar Burade arrested the accused, seized his clothes and sent him for medical examination. Investigating Officer Prabhakar Babare (PW-8) prepared spot panchanamam etc. Victim girl was sent to remand home. Seized property was sent to the Chemical Analyser, Nagpur. Charge sheet was filed against the accused.
6. With the permission of Court, Police Inspector Murlidhar Burade obtained custody of the appellant. He requested the Chemical Analyser, Nagpur to supply DNA kit. After getting custody of the appellant, blood sample was taken by the Medical Officer and it was seized by Investigating Officer Murlidhar Burade. He has requested Medical Officer at Nagpur to collect blood sample of newly born child and victim. DNA kits were sent to Regional Forensic Scientific Laboratory ('RFSL'), Nagpur. Assistant Chemical Analyser Ms Neha Bhale examined the blood samples and came to the conclusion that the appellant is father of the newly born child.
7. Charge was framed by the trial Court at Exh.17. Same was read over and explained to the appellant, to which he pleaded not guilty. It appears from the cross-examination and suggestions given to the witnesses that defence of the appellant is of total denial.
8. Prosecution has examined in all total ten witnesses. They are :
(1) Victim (PW-1) (Exh.28).
(2) Lata Ramesh Ramteke (PW-2) (Exh.32).
(3) Avdhut Dam
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