IMPORTANT POINT
(1) Delay – Delay per se cannot be the ground to discard and disbelieve the otherwise credible and trustworthy evidence of the prosecution witness.
(2) Delay – If the prosecution is able to prove the charge against the accused by cogent and concrete evidence, then the delay does not assume significance and must take a back seat.
(3) Doubt – The delay becomes relevant when the evidence adduced by the prosecution creates a doubt about the credibility and trustworthiness of the evidence adduced by the prosecution and also about the occurrence of the incident.

JUDGMENT (ORAL)

Heard.

2. In this appeal, challenge is to the judgment and order dated 23.02.2021 passed by the learned Additional Sessions Judge and Special Judge, Amravait, in Spl. Case No.57/2019, whereby the learned Judge convicted the appellant for the offences punishable under Sections 376(2)(i)(f)(j)(n), 323 and 506 of the Indian Penal Code and under Sections 4, 8, and 12 of the Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act”). The learned Judge sentenced the appellant to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/- and, in default, to suffer rigorous imprisonment of six months for the offence punishable under Section 376(2)(i)(f)(j) of the Indian Penal Code. No separate sentence has been awarded for the other proved offences.

3. Background facts:-

4. The victim girl is a daughter of the appellant. The crime was registered on the report of the victim girl. The case of the prosecution, which can be unfolded from the report and other material is that the victim girl, the appellant-father, the younger brother and the mother of the appellant used to reside together. The victim girl on the date of the incident was 14 years of age. It is stated that the victim studied upto 9th Std. Her mother left the appellant permanently when she was a child. Seven years prior to the incident, the mother had performed marriage with her uncle. It is stated that the appellant is addicted to liquor. It is stated that when the victim was studying in 3rd standard, the appellant for the first time removed her clothes and committed intercourse with her. The appellant thereafter continued to sexually abuse the victim. He would beat the victim. The appellant had threatened the victim not to disclose the sexual assault on her to anyone, otherwise, he would kill her. The victim, therefore, could not dare to disclose the repetitive sexual intercourse with her by the appellant.

5. It is further stated that when victim was studying in 6th Std., the appellant had established a physical relations with her. The appellant lastly committed sexual intercourse with the victim one month prior to the lodging of the report. After this incident, the victim made a phone call to the maternal aunt of the appellant by name Sunanda Waghmare (PW2), a resident of Rahatgaon, and called her to her village to take her to her house. On the next day, the maternal aunt of the appellant, (‘maternal grandmother of the victim”) came to their house at about 07.00 a.m. and at about 02.30 p.m. she went to Rahtgaon with her maternal grandmother. On 19.01.2019, the appellant went to Rahatgaon to bring the victim back to his house. The victim refused to accompany him. The appellant mercilessly beat the victim. The maternal grandmother inquired with the victim as to why she was reluctant to accompany her father. The victim girl at that time, disclosed about the repetitive sexual intercourse with her by the appellant for last four to five years. The maternal grandmother of the victim was shocked. Therefore, she took the victim girl to the Shirkhed Police Station. The victim girl lodged a report against the appellant.

6. On the basis of the report of the victim, a crime bearing No. 16/2019 was registered against the appellant. The investigation in the crime was carried out by PW-6 Reena Korde, PSI. The Investigating Officer referred the victim for medical examination. The Investigating Officer arrested the appellant and forwarded him for medical examination. The biological and other samples were collected and forwarded for the chemical analysis. The Investigating Officer collected the birth certificate of the victim from the village Grampanchayat. On completion of the investigation, a charge-sheet was filed against the appellant in the Court.

7. The learned Judge framed the charge against the appellant. The appellant pleaded not guilty. The defence of the appellant is of false implication. According to the appellant, the victim gir