The court upheld the conviction of a father for sexually assaulting his minor daughter, emphasizing the importance of corroborative evidence and the impact of familial trust on the victim's disclosure.

JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. By this appeal, the appellant (accused) has challenged judgment and order dated 31.1.2023 passed by learned Additional Sessions Judge, Nagpur (learned Judge of the trial court) in Special POCSO Case No.93/2018.

2. By the said judgment impugned, the accused is convicted for offence under Section 376(2)(f)(i)(j)(k) and (n) of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act (the POCSO Act) and sentenced to undergo rigorous imprisonment for fifteen years and to pay fine Rs.15,000/-, in default, to undergo rigorous imprisonment for five months. The accused is further convicted for offence under Section 506 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay fine Rs.1000/-, in default, to undergo rigorous imprisonment for one month.

“A Common Quote from a father about his daughter is, “A daughter may outgrow in her father’s lap, but she will never outgrow in his heart”, signifying that a father’s love for his daughter remains constant and no matters how old she gets.

Contrary to this Quote, in the present matter, the accused, who is a father of the victim, is facing charges for offences under Sections 376(2)(f)(i)(j)(k) and (n) and 506 of the Indian Penal Code read with Section 6 of the POCSO Act.

There can never be more shocking heinous crime when a father is charged for committing sexual assault on his own daughter.”

3. Facts of the prosecution case necessary for disposal of the appeal run as under:

In the year 2009, the victim complained her mother that the accused, who is her father, inappropriately touched her private part. The mother, who was serving as “Nurse” in a private hospital, scolded and abused the accused. After knowing, that the victim has disclosed the fact of sexual harassment to her mother, on the next day, the accused came along with the victim and the victim disclosed to her mother that no such incident had happened. As per the allegations, the victim was 6-7 years old girl and was subjected for the sexual assault by the accused by threatening her. As the victim was threatened by the accused, she was forced to inform her mother that no such incident had taken place. The victim was restrained from disclosing continuous sexual assault on her by the accused. However, she disclosed to her friends about the said incident. She disclosed that the accused has developed physical relationship with her. On knowing this fact, the friends informed the same to their Class Teacher and the Class Teacher informed to the Principal. At the relevant time, the victim was studying in “Saraswati Vidyalaya” at Shankar Nagar, Nagpur. In December 2016, the mother of the victim received a phone call from the Principal of the said school and, therefore, she met the Principal who disclosed her that whether she is aware that the accused had developed physical relationship with the victim and also carried out her pregnancy test thrice. She made an enquiry with the victim and the victim also disclosed her the similar incident. On asking, why she has not disclosed her, the victim informed that she would have scolded the accused and she is scared of act the accused would do with her. On hearing the same, on 17.12.2016, the mother of the victim hid herself in the storeroom. In the evening, she witnessed the accused subjecting the victim forceful sexual assault. Therefore, she obtained video shooting. The accused got scared and he was driven out of the house. But, due to apprehension of defamation, she did not lodge report. Subsequently, the victim was under depression and also attempted to commit suicide and, therefore, the mother took the victim to Dr.Bhave for counselling. Dr.Bhave, asked her to lodge a report looking to condition of the victim. Therefore, the mother has lodged the report. On the basis of the said report, the crime was registered against the accused.

4. After registration of the crime, the victim was sent fo