The conviction of a father for repeatedly raping his minor daughter was upheld based on compelling evidence, including DNA results and testimony, confirming the accusations beyond reasonable doubt.

CAV JUDGMENT

(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)

This appeal filed under Section 374 (2) of the Code of Criminal Procedure (for short, ‘Cr.P.C’), is by the accused challenging his conviction and sentence for the offences punishable under Sections 376 (2)(f), 506 of IPC and Sections 6 and 8 of POCSO Act.

2. For the sake of convenience parties are referred to by their ranks before the trial Court.

3. A charge sheet came to be filed by the concerned police against the accused alleging that he is no other than the father of prosecutrix. Accused along with his wife, son and daughter (prosecutrix) was staying in a room behind the house of his in-laws near Sri Gali Masthi temple, Sirsi. On 10.06.2018, 11.00 a.m, when the prosecutrix was alone in the room and her mother had gone out to wash clothes and brother was out playing, accused committed rape on the prosecutrix who was aged 15 years and gave threat that if she disclose the said fact to anyone, he would kill her mother and brother by poisoning them. Similarly on 5-6 occasion, accused committed rape on the prosecutrix. As a result of the rape, prosecutrix became pregnant and gave birth to a son on 04.03.2019 and thereby the accused has committed the offences punishable under Sections 376(2)(f), 506 of IPC and Sections 4, 6 and 8 of POCSO Act.

4. In respect of the incident, complaint is given by the prosecutrix. It reveal that at the time of filing the complaint prosecutrix was studying in 9^th standard at Ave Maria High School, Sirsi. Though her father Ubedulla Shaikh (accused for short) is hailing from Ragigudda of Shivamogga, after his marriage with the mother of the prosecutrix, he settled at Sirsi in the house of her maternal grand parents. He does coolie (Hamali) work, while her mother is a homemaker.

4.1 It is further stated in the complaint that on 10.6.2018 at 11.00 a.m, while she was in the house, her mother had gone out to wash the clothes and her brother Mohammed Sufiyan was playing outside, accused started touching her body, including private part and removed her clothes. Even though she resisted, he committed rape on her. Accused warned the prosecutrix not to reveal this fact to anyone or else he would kill her mother and brother (his wife and son) by poisoning them. Accused repeated the said act 5-6 times. Fearing him, she did not inform anyone about the said incidents.

4.2 About three months prior to the date of filing the complaint, Fatima B. Latanwale the maternal grandmother of prosecutrix called prosecutrix to her house and was enquiring as to why she is not visiting her house and she is very silent and dull. While so speaking, Fatima B Latanwale touched her body and finding that her stomach is bulged, she questioned the prosecutrix. When she did not give any reply, Fatima B Latanwale took her to the nursing home of Dr Shanta Bhat and on examination, the doctor revealed that prosecutrix is seven months pregnant. When Fatima B Latanwale demanded as to who is responsible for the same, she gave the name of Ayan as tutored by Accused. Thereafter she stopped going to school.

4.3 On 04.03.2019 at 3-00 a.m, prosecutrix suffered labour pain. She was taken to TSS hospital where she gave birth to a son. After discharge from the hospital, when her maternal grandparents made her to touch Quran and reveal the name of the person who is the father of the child, she disclosed the truth and revealed the fact of accused having raped her on multiple occasion resulting in the her pregnancy. Thereafter, the Anganwadi Aaya and teacher visited her and enquired about the incident and as per the advice given by the officials of the child helpline, accompanied by her maternal grandparen