IMPORTANT POINT
Rape of girl child – Crimes of such nature warrant strongest judicial censure and imposition of deterrent punishment commensurate with their gravity – Any indulgence or misplaced leniency extended towards such moral depravity would not only undermine administration of justice.

JUDGMENT

The instant appeal has been preferred under Section 374 (2) of Cr.P.C. by the appellant Manoj, S/o Shri Shankar against the judgment dated 14.11.2022 passed by the learned Special Judge, (Protection of children from sexual offences Act, 2012) Dungarpur in Sessions Case No. 78/2022 under Section 376(2), 376 AB of the Indian Penal Code And Section 6 of POCSO Act arising out of FIR No.60/2022, whereby the accused-appellant stands convicted for the offences mentioned below:-

2. Brief facts for deciding the present appeal are that complainant “M” (Mother of Victim) submitted a handwritten report (Exhibit P-5) dated 17.08.2022 to the Station House Officer of Vardha Police Station. In the report, she stated that on 11.08.2022, at about 10:00 a.m., on account of the Raksha Bandhan festival, she left her three daughters, three sons, and her husband Manoj at home and went to Deval Phala Batka to tie rakhis to her brothers, where she stayed for two nights. On 13.08.2022, at around 6:00 p.m., when she returned home, her eldest daughter, a student of Class VII, whose date of birth is 04.12.2010, started crying upon seeing her. When she enquired about the reason, her daughter “Ro” in tears disclosed that, on 12.08.2022, at about 10:00 p.m., her father had removed her clothes, lay on top of her, and committed rape upon her. Upon hearing this, the complainant became frightened and slept with her children. The next morning, her husband Manoj left for Dungarpur for work. Thereafter, her daughter “Ro” again informed her, while crying, that her father had raped her on two earlier occasions when the complainant had undergone a surgical operation, and had also threatened and intimidated her, due to which she had not disclosed the incident to anyone. Upon hearning this, the complainant took her daughter “Ro” to her maternal home at Deval Phala Batka, left her at her uncle’s house, and returned home. On 17.08.2022, her elder brother ‘A’ brought her daughter ‘Ro’ to her house at Dolwariya Oda. Thereafter, the complainant, along with her daughter ‘Ro’ and brother ‘A’ came to the police station to lodge the present report for necessary legal action.

3. On the basis of the above written complaint, a formal FIR No.60/2022 (Exhibit P.06) was registered at Police Station, Vardha, Dungarpur against the accused for the offences 376AB of the Indian Penal Code and Sections 5(L) (M) (N) / 6 of the Protection of Children from Sexual Offences Act, 2012

4. After completion of investigation, police filed a charge-sheet against the accused-appellant for the offences under section offences 376(2), 376AB of the Indian Penal Code and Sections 5(L) (M) (N)/6 of the Protection of Children from Sexual Offences Act, 2012.

5. Learned Trial Court framed, read over and explained the charges under Sections 376(2), 376AB of the Indian Penal Code and Sections 5(L) (M) (N) / 6 of the Protection of Children from Sexual Offences Act, 2012 the accused-appellant, who denied the charge and sought trial.

6. During the trial, the prosecution examined as many as 15 witnesses. In support of its case, the prosecution also produced documentary evidence, Exhibits P-01 to P-42.

7. The statement of the accused-appellant was recorded under Section 313 Cr.P.C. He denied all incriminating circumstances put to him, stating that the prosecution witnesses had deposed falsely due to marital discord with his wife and that he was innocent. The accused-appellant did not lead any defence evidence, and the defence evidence was accordingly closed.

8. Learned Trial Court, after hearing the arguments advanced on be