Conviction under POCSO Act confirmed based on credible testimonies and medical evidence, emphasizing the presumption of guilt for accused in child sexual assault cases.

1. Despite a special enactment in form of Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) being enacted more than a decade ago, yet one another child barely 3 years, had fallen to prey to a loathsome, disdained and an abhorrent act and this time at the hands of her own biological father.

The little girl, for years after the incident, would wonder if it was her fault that she was born or that she was begotten by such a man, who ravished her, though he was expected to protect her and nurture her, so that she blossom into a woman.

He ravished her when she did not even know what he was doing;

He exploited her, taking advantage of her helplessness, ripping her essence to shreds.

We have before us an Appellant, the accused father who is brought to justice and punished by the trial Court by recording a finding of his guilt and by imposing a befitting punishment upon him.

2. The Appellant, the father of a girl child aged two and half years, was charged by the Special Judge (POCSO) and Additional Sessions Judge, Pune in Special (POCSO) Case No.107/2018, for repeatedly committing rape on his own daughter and therefore, liable to be punished under Section 376 (2)(f)(i)(n) of the Indian Penal Code, 1860 as well as under Section 5 (l)(m)(n) as well as Section 6 of the POCSO Act. He also faced charge under Section 323 and 506 of the IPC .

Since he pleaded not guilty, he was tried for the aforesaid charges.

3. In support of the case of the prosecution, 5 witnesses were examined, which included the mother of the victim i.e. the wife of the accused Renuka, the informant, one Panch witness Sunil Chavan, Two Medical Officers, PW 3 Dr.Raghav Arora and PW 4 Dr.Yuga Mohan who had examined the victim girl and expressed their opinion upon the alleged sexual assault when she was taken for medical examination in Sasoon Hospital. The Investigating Officer PSI Madhumati Shinde who carried out investigation including recording statement of the informant is examined as PW 5.

Upon the prosecution witnesses deposing before the trial Judge, in support of the accusations levelled against the accused, a conclusion was drawn that the evidence of the prosecution witnesses is cogent, reliable and acceptable and the accused has failed to prove that he was falsely implicated by reason of trifle quarrels or for any other reason. Recording that there was no reason why the first informant, his own wife, would implicate him falsely, and finding her testimony to be believable and supported by medical evidence, an inference was drawn about his guilty intention and culpable state of mind.

Recording that the evidence of prosecution is consistent and witnesses have corroborated each other, leaving no scope for any doubt, an inference was drawn that the prosecution has established its case of forcible sexual assault on the victim who was two years old, by her own father and this act was repeated.

The accused was, therefore, convicted under Section 6 of the POCSO Act read with 376(2)(f)(i)(n) of the IPC and Section 506 of the .

On hearing the accused on sentence, and on considering that the perpetrator of the wrong to the minor girl was no one else than her own father, who indulged in an inhuman and despicable act and the victim of tender age had to suffer trauma, which will remain with her for the whole of her life, the Judge expressed that it is not proper to show any leniency, as such type of offences are increasin