A 55-year old man filed an appeal against his conviction before the Nagpur bench of the Bombay High Court. The conviction was done on the ground of rape of his step-daughter. The Appeal was filed against the order of the trial court, which convicted him for the life.
Justices RK Deshpande and MG Giratkar upheld that order of the trial court and noted that the trial court was right in its observation that conviction is valid under the section 5 (n) punishable under section 6 of the Protection of Children from Sexual Offences Act, 2012 (POSCO) and under section 506 of Indian Penal Code.
The Appellant used to undress and sexually assault the victim every night from 2013 to 2014 and as victim’s mother died when victim was two so one day she told the neighbour that she is not well. The neighbour took the victim to the doctor for examination and after examination it was confirmed by the doctor that the victim was pregnant. On being inquired, she narrated the whole incident.
Subsequently, FIR was registered against the accused cum appellant step-father under sections 376(f)(i)(k)(n), 323, 504, 506 of Indian Penal Code and sections 3 and 4 of POSCO Act, 2012. Wardha’s Session Court on 27 June, 2016 held the accused guilty and convicted him for maximum term of life imprisonment.
The appellant in appeal argued that the FIR was filed with delay. However the court did not accepted this submission and observed that the victim was threatened by the appellant as she was the only one residing with him and she was a helpless child thus, has to surrender herself to the protector converted preparator. The Court further held that the leniency towards the victim has to be shown in such cases otherwise it will defeat the purpose of POSCO Act.
Thus, the HC dismissed the appeal of the appellant and upheld the order of trial court.
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