The sole testimony of the victim can form a sound basis for conviction, and delay in lodging the report is not fatal to the prosecution.

JUDGMENT :-

N.J. Jamadar, J.

1. The challenge in this appeal is to the judgment of conviction and order of sentence dated 20th December, 2016 passed by the learned Additional Sessions Judge, Vasai, in Special Case No.1 of 2015, whereunder the appellant – accused came to be convicted for the offences punishable under Section 376 (2) (i) and (n); 323 and 506 of the Indian Penal Code, 1860 (“IPC”) and sentenced to suffer imprisonment for life and pay fine of Rs.10,000/- on the first count and rigorous imprisonment for six months and fine of Rs.5000/- each, on the second and third count, with default stipulation.

2. The accused came to be prosecuted for having committed rape on his minor daughter (hereinafter referred to as, ‘the victim’) repeatedly after threatening her out of her life and for causing hurt when she resisted, with the following accusation:

(a) The accused was residing at Anandnagar slum, Vasai (West) along with his 15 year old daughter (the victim) and 6 year old son. His wife and the mother of the children had left them. She solemnized second marriage. The accused was working as a rag picker.

(b) Since one year prior to 4th November, 2014, the accused had sexually exploited the victim. The accused used to disrobe the victim, tie her legs and forcibly commit sexual intercourse. When the victim tried to resist, the accused gagged her mouth. The victim attempted to reason with the accused. But the latter continued to ravish her. The accused threatened the victim out of her life if she narrated the exploitation to anybody. Initially the victim had apprised her ordeal to female members of her community but they did not assist her. Ultimately, the victim mustered courage and informed the sexual exploitation at the hands of accused to Mrs. Sunita Bablu Chavan. The latter approached Smt. Geeta Ravindra Ayre (PW-1), a Member of Mahila Dakshta Samiti, who took her to Manikpur Police Station.

(c) The victim thus lodged report at Manikpur Police Station of having been subjected to forcible sexual intercourse by the accused during the period of one year preceding 4th November, 2014; on the night of which the last incident of penetrative sexual assault occurred. Crime was registered at CR No.296 of 2014 for the offence punishable under Sections 376, 323 and 504 of IPC and Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (‘the POCSO Act’).

3. During the course of investigation, the Investigating Officer visited the scene of occurrence: the house of the accused. Scene of occurrence panchnama was drawn and the clothes of the victim and bedsheet were seized. The accused came to be arrested. The victim was sent for medical examination. The accused was also sent for medical examination. The Investigating Officer interrogated the witnesses and recorded their statements. After obtaining the reports of medical examination and finding the complicity of the accused, chargesheet came to be lodged against accused before the Special Court.

4. The learned Special Judge framed charge against the accused for the offences punishable under Sections 376(2)(i)(n), 323 and 506 of IPC and Sections 4, 6 and 8 of the POCSO Act. The accused abjured his guilt and claimed for trial.

5. At the trial, the prosecution examined eight witnesses including the victim (PW-2), Smt. Geeta Ayre (PW-1); the Member of Mahila Dakshata Samiti, Dr. Anjali Pimple (PW-3); the Medical Officer who had examined the victim, Dr. Rani Vikas Bhadlani (PW-6); the Medical Officer who had examined the accused, Mrs. Balvita Thomas Silhera (PW-8); the teacher of ZP School where the victim was enrolled and Ashwini Patil (PW-7) the Investigating Officer, who had conducted substantial investigation. After closure of the evidence for prosecution the accused was examined under Section 313 of the Code of Criminal Procedure, 1973. The accused did not lead any evidence in his defence which consisted of false implication at the instance of Bablu Chavan and Umesh Shetty