The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the victim's testimony and unnatural conduct of the victim and her mother.

JUDGMENT :

Nitin B. Suryawanshi, J.

1. This appeal challenges conviction of appellant under Sections 376(2)(f) and (i) and 506 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the Act of 2012”) awarded by learned Special Judge and Additional Sessions Judge, Kelapur, Dist. Yavatmal in Special Case No.22 of 2015 thereby, sentencing him to suffer imprisonment for life, for the remainder of natural life and to pay fine of Rs.5,000/- with a default cause. He is also convicted under Sections 4 and 6 of the Act of 2012 and sentenced to suffer Rigorous Imprisonment for life.

2. The prosecution case in short is that, accused/appellant, who is father of the victim, has committed rape on victim on 09.06.2015 at about 12.00 to 1.00 a.m. at Maregaon. After commission of rape, accused threatened her that he will kill her if she discloses the incident to anybody. The First Information Report (hereinafter referred to as “FIR”) of the incident was lodged by the victim on 08.07.2015, on the basis of same, Crime No.66 of 2015 was registered with Maregaon Police Station under Sections 376(2)(f), 370(4) and 506 of the IPC and Sections 4 and 6 of the Act of 2012. On completion of investigation, chargesheet was filed and case was numbered as Special Case No.22 of 2015. Appellant was charged under Sections 376, 506 of the IPC and Sections 4 and 6 of the Act of 2012. In support of its case, prosecution has examined 14 witnesses. Trial Court found appellant guilty. Hence, the present appeal.

3. Heard learned counsel for appellant and learned A.P.P. for State. Perused the record and the citations relied upon by learned counsel for appellant and learned A.P.P. for State.

4. Learned counsel for appellant assailed the judgment of the trial Court contending that there is delay of one month in lodging the FIR which is fatal to the prosecution case. He submits that the conduct of victim and her mother is not consistent with natural human conduct. They have reason to implicate appellant in a false case as appellant was not permitting withdrawal of amounts from his bank account and was not transferring agricultural land in the name of victim’s mother. He states that trial Court has wrongly appreciated the evidence and has committed an error in convicting appellant. He therefore, prayed for acquittal of appellant by relying on decision of this Court in Kailash s/o Chindhuji Pachare vs. State of Maharashtra, in Criminal Appeal No. 52 of 2016 decided on 23.01.2018.

5. Learned A.P.P. on the other hand supported the judgment of trial Court. She submitted that no girl would sacrifice her honor to falsely implicating her father. According to her, there is no merit in appeal and it may be dismissed.

6. Victim (PW-2) has deposed in her evidence that on 04.06.2015, her mother had gone to Jalna for delivery of her elder sister and she was at home along with her father/appellant. On 08.06.2015, at evening time, they had their dinner at about 10.00 p.m. Thereafter, she went to bed for sleeping. Her father was sleeping at the side of her bed. Between 00.00 hours to 1.00 hours at night, her father woke up and stated to her that she should allow him to sleep near her, but, she refused the same. Thereafter, he forcibly came on her bed and slept. He threatened her that she should not shout otherwise he would kill her. Thereafter, he removed her clothes and then committed sexual intercourse with her. On next morning, between 8.00 a.m. to 8.30 a.m. when her father went to answer nature’s call, she contacted her mother on phone and narrated the whole incident to her. Then, her mother returned back to home on the same day at about 7.00 to 7.30 p.m. from Jalna. Due to the said incident committed by her father with her, she felt very bad and she had a feeling of fear. Thereafter, on 08.07.2015, her father visited house of elder sister at Jalna, that day she went to school early in the morning and then she