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BOMBAY HIGH COURT
R.K. Deshpande and M.G. Giratkar, JJ.
Chhotelal Kandhari Pajapati —Appellant
versus
The State of Maharashtra —Respondent
Criminal Appeal No.51 of 2017
Decided on 1.11.2017
Counsel for the Parties:
For the Appellant:Mr. R.P. Thote, Advocate (appointed)
For the Respondent: Mr. A.M. Deshpande, A.P.P.
IMPORTANT POINT
Conviction for rape can be founded on the testimony of the prosecutrix alone unless there are compelling reasons for seeking corroboration.
Headnote:Protection of Children from Sexual Offences Act, 2012—Sections 5(n) and 6—Appellant committed sexual intercourse with his step daughter aged about 15 years and continued it for some period when victim became pregnant—Victim disclosed her condition to PW2, her neighbour who took victim to a doctor PW4 and doctor found victim to be pregnant—Offence was registered by Police and accused was charge-sheeted—Conviction was based on evidence of victim, DNA test report and other medical evidence—Appeal—Victim alone was residing with appellant since her since her mother died when she was one and half year old—Evidence of victim was convincing and nothing came on record in her cross-examination to disbelieve her evidence—Medical evidence and DNA report established that appellant was father of child, given birth by victim—School certificate where in date of birth of victim was recorded proved that victim was aged 15 years at the time of incident—Delay in lodging FIR in the given circumstances was not material when victim was helpless and she became pregnant and was feeling unwell and narrated incident to PW2—Conviction and sentence of life imprisonment was not be interfered with.
(Paras 12 to 15, 19, 21, 28 and 29)
Result: Appeal dismissed.
JUDGMENT (ORAL)
M.G. Giratkar, J.—This is an appeal against the Judgment of conviction by Sessions Court, Wardha in Special Case No.54 of 2014, dt.27.6.2016, by which the appellant is convicted for committing an offence under Section 5(n) punishable under Section 6 of Protection of Children from the Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default to suffer rigorous imprisonment for six months. The appellant is also convicted for the offence punishable under Section 506 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/-, in default to suffer rigorous imprisonment for two months.
2. The case of prosecution, in short, is as under:—
Appellant is step-father of victim. The victim was aged about 15 years. She was studying in 7th Std at the time of incident in the year 2013. She had started her menstrual periods. She told her friend Shubhangi about the same. She also told about this fact to appellant/her step-father. Her mother died when she was 1½ years old. She was the only person, residing with her step-father in a rented house. When she disclosed to the appellant that she has started receiving menstrual periods, the appellant scolded her saying that her clothes were stained with blood because she might have slept with somebody. After 2-3 days, the appellant started sleeping with her. He used to undress her, threatening her and did sexual intercourse with her. He continued sexual intercourse with the victim till 25.2.2014.
3. The victim was not feeling well. Therefore, she informed Lata Ramesh Ramteke (PW-2), who was her neighbour. Lata Ramteke took her to Dr. Mohd. Shoeb Sheikh (PW-4). Dr. Shoeb examined the victim and found that she was pregnant. On inquiry, she told him that her step-father used to do sexual intercourse with her continuously since November, 2013 and therefore, she became pregnant. Lata Ramteke also inquired with her. She disclosed the same fact to her.
4. On 27.2.2014, the victim along with Lata Ramteke (PW-2) went to Police Station, Wardha and lodged report. Crime was registered for the offences punishable under Sections 376(f)(i)(k)(n), 323, 504, and 506 of the Indian Penal Code and Sections 3 and 4 of the Protection of Children from the Sexual Offences Act, 2012 (hereinafter referred to as “the POSCO Act”).
5. Investigating Officer Murlidhar Pandurang Burade sent the victim for medical examination. Dr. Krushna Shende, Medical Officer examined her and issued Medico-legal Certificate. He observed the victim carrying pregnancy. Investigating Officer Murlidhar Burade arrested the accused, seized his clothes and sent him for medical examination. Investigating Officer Prabhakar Babare (PW-8) prepared spot panchanamam etc. Victim girl was sent to remand home. Seized property was sent to the Chemical Analyser, Nagpur. Charge sheet was filed against the accused.
6. With the permission of Court, Police Inspector Murlidhar Burade obtained custody of the appellant. He requested the Chemical Analyser, Nagpur to supply DNA kit. After getting custody of the appellant, blood sample was taken by the Medical Officer and it was seized by Investigating Officer Murlidhar Burade. He has requested Medical Officer at Nagpur to collect blood sample of newly born child and victim. DNA kits were sent to Regional Forensic Scientific Laboratory (‘RFSL’), Nagpur. Assistant Chemical Analyser Ms Neha Bhale examined the blood samples and came to the conclusion that the appellant is father of the newly born child.
7. Charge was framed by the trial Court at Exh.17. Same was read over and explained to the appellant, to which he pleaded not guilty. It appears from the cross-examination and suggestions given to the witnesses that defence of the appellant is of total denial.
8. Prosecution has examined in all total ten witnesses. They are:—
1) Victim (PW-1) (Exh.28).
2) Lata Ramesh Ramteke (PW-2) (Exh.32)
