The main legal point established in the judgment is the severity of the offence of sexual assault, especially when committed by a parent against a minor child, and the reliance on the victim's testimony and medical evidence to establish the guilt of the accused.

JUDGMENT

PRAKASH D. NAIK, J.

By this appeal filed under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”) the appellant seeks to challenge the judgment and order dated 26th August 2014 passed by the Court of Additional Sessions Judge, Sessions Court, Greater Bombay, thereby convicting the appellant for committing offence punishable under Section 376(2)(f) of the Indian Penal Code (hereinafter referred to as “the IPC”) and sentencing him to undergo imprisonment for life till his death and further convicting him for the offence punishable under Section 323 of the IPC and sentencing him to suffer rigorous imprisonment for two years. Both sentences were directed to run concurrently.

2. The brief facts of the prosecution’s case are as under:-

(a) The victim was staying with her father, sister and two brothers. Her father (accused) was working as liftman. Her mother is no more. She was taking education in Municipal School and she is educated upto 7th Std.

(b) When the victim was in 4th Std., while she was suffering from cough and cold she was at home. Her brother and sister were not at home. Her father came home and told her to massage his legs and body. He than told her to remove her cloths. She denied. Her father/accused assaulted her with belt and thereafter had forceful sexual intercourse with her.

(c) The accused continued to have forcible sexual relationship with the victim. After two years the accused alongwith victim, her brothers and sister came to Ashiyana building where her father was working as watchman. When they were staying there, her father used to take the victim on the first floor in one room and have sexual relations with her.

(d) When the victim was in 6th standard they started staying on the terrace of Ashiyana Building. At that time the accused was working as liftman. He continued physical relationship with her. She was pregnant and therefore her father gave some tablets to her. At that time her health was not good. After she recovered, the accused continued physical relations with her on the terrace of Ashiyana Building when her sister went for classes in the afternoon. When it was intolerable for her, she disclosed this fact to her friend Muskan. Her friend advised her to lodge complaint. Hence, the victim lodged complaint against her father.

(e) On the basis of the complaint of victim Crime No. 71 of 2013 was registered on 03rd March 2013 with Nirmal Nagar Police Station against the accused for the offences punishable under Sections 376 and 323 of IPC. Investigation was assigned to PSI Smt. Savita Sudhakar Gaware. During the course of investigation, the Investigating Officer recorded statement of victim, conducted spot punchnama, arrested accused, recorded arrest panchanama, seized clothes of accused and victim which were on their person, recorded statement of witnesses and sent the victim for medical examination. The seized clothes were also forwarded to CA for examination. On completing investigation chargesheet was filed before the concerned court.

3. The prosecution has examined three witnesses, P.W. No.1 the Victim/Complainant, P.W. No.2 Dr. Kiran Sambhaji Kalyankar who examined the victim and accused, P.W. No.3 Mr. Balwant Vyankath Deshmukh, 2nd Investigating Officer.

4. The prosecution has relied on the documents such as complaint of P.W. No.1 (Exh.10), medical examination certificate of victim (Exh.12), medical examination certificate of accused (Exh.13), spot punchanama (Exh.15), seizure panchanama of clothes of accused (Exh.16), seizure panchanama of clothes of victim (Exh.17), forwarding letter to CA (Exh.18) and CA report (Exh.19).

5. The learned counsel for the appellant Shri Satpute submitted that the appellant has been falsely implicated in this case. The victimgirl who is daughter of the appellant was having affair with some other person, which was objected by the appellant and hence false complaint was lodged against the accused by the victim. There is enor