IMPORTANT POINT
In sexual offence cases, the prosecution must provide credible and consistent evidence; any reasonable doubt must favor the accused.

JUDGMENT :

G. A. Sanap, J.

1. In this appeal, the appellant/accused has challenged the judgment and order, dated 14.12.2022, passed by learned Special Judge, Chandrapur. Learned Special Judge held the accused guilty for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act” for short) read with Sections 376(1)(A) and 376(2)(f)(j)(n) of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 10 (ten) years and to pay fine of Rs.5,000/- and in default of payment of fine to undergo rigorous imprisonment for three months. The appellant is also held guilty for the offences punishable under Sections 354 and 354-A of the IPC and sentenced to suffer rigorous imprisonment for 3 (three) years and to pay fine of Rs.2,500/- and in default to undergo rigorous imprisonment for two months ; as well as for the offence punishable under Section 506 of the IPC and sentenced to suffer rigorous imprisonment for 2 (two) years and to pay fine of Rs.2,000/- and in default to undergo rigorous imprisonment for two months.

2. BACKGROUND FACTS :-

In this crime, there are two victims. The accused is none other than their father. The father (accused) at the time of the incident was serving as a Teacher. The mother (PW2) is also working as a Teacher at Janata Vidyalaya, Nagbhid. Victim no.1 at the time of the incident was 17 years and 3 months old and victim no.2, her younger sister, was 14 years and 6 months old.

3. The report of the incident was lodged by victim no.1, who is PW3, on 28.07.2019 at Police Station, Nagbhid, district Chandrapur. The case of the prosecution, which is evident from the report (Exh.26) is that on 27.07.2019 at about 7.30 am, victim no.1 (PW3) went to attend her college. Her mother (PW2) went to attend her duties at school at 10.00 am. Victim no.2 also went to the school at 11.00 am. Victim no.1 returned from the school and was alone at the house. It is the case of the prosecution that at about 12.30 pm, the accused came to the house on his motorcycle and asked victim no.1 about the keys of Scooty moped. Victim no.1 handed over the keys of the Scooty to the accused and enquired as to where he was going. The accused replied that he was going to repair the Scooty moped. Victim no.1 told the accused to come back early because she had to go to Bramhapuri for her medical treatment. The accused told her that he would drop her at the bus stand. It is stated that at that time, the accused returned inside the house from main gate and asked the victim to give his ‘lungi’. Victim no.1 could not found the ‘lungi’ and gave him a towel. She started her work on computer. It is alleged that after some time, the accused came from behind victim no.1 and started moving his hand on her back. She shut down the computer and stood up. The accused caught hold of her and offered Rs.100/- or Rs.200/- to her as a reward for allowing him to have sexual intercourse with her. Victim no.1 resisted and told him that she would call the neighbouring aunty. The accused, therefore, left victim no.1. The accused thereafter dropped her at Ram Mandir chowk bus stop and she went to Bramhapuri. The maternal uncle (PW8) of the victim nos.1 and 2 was residing at Bramhapuri. The victim went to her maternal uncle’s house. She narrated the incident to the maternal uncle. She also told her maternal uncle that in the past, the accused committed sexual intercourse with her. The accused had threatened to kill her in case it was disclosed to anybody. It is stated that due to fear of the accused, victim no.1 did not disclose the incident to anybody.

4. Victim no.1 in her report has further stated that one year prior to this incident, when she came back to the house, she saw the accused committing sexual intercourse with her sister (victim no.2). Victim no.1 at that time enquired with victim no.2 about the incident. Victim no.2 told her that the accused had committed sexual interco