CHHOTELAL KANDHARI PAJAPATI Vs. THE STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: NAGPUR)
Chhotelal Kandhari Prajapati
The State Of Maharashtra Thr. ...
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PER M.G.GIRATKAR,J. -
(1.) This is an appeal against the Judgment of conviction by Sessions Court, Wardha in Special Case No.54 of 2014, dt.27.6.2016, by which the appellant is convicted for committing an offence under Section 5(n) punishable under Section 6 of Protection of Children from the Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default to suffer rigorous imprisonment for six months. The appellant is also convicted for the offence punishable under Section 506 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.2,000/-, in default to suffer rigorous imprisonment for two months.
(2.) The case of prosecution, in short, is as under : Appellant is step-father of victim. The victim was aged about 15 years. She was studying in 7th Std at the time of incident in the year 2013. She had started her menstrual periods. She told her friend Shubhangi about the same. She also told about this fact to appellant/her step-father. Her mother died when she was 1 1/2 years old. She was the only person, residing with her step-father in a rented house. When she disclosed to the appellant that she has started receiving menstrual periods, the appellant scolded her saying that her clothes were stained with blood because she might have slept with somebody. After 2-3 days, the appellant started sleeping with her. He used to undress her, threatening her and did sexual intercourse with her. He continued sexual intercourse with the victim till 25.2.2014.
(3.) The victim was not feeling well. Therefore, she informed Lata Ramesh Ramteke (PW-2), who was her neighbour. Lata Ramteke took her to Dr. Mohd. Shoeb Sheikh (PW-4). Dr.Shoeb examined the victim and found that she was pregnant. On inquiry, she told him that her step-father used to do sexual intercourse with her continuously since November, 2013 and therefore, she became pregnant. Lata Ramteke also inquired with her. She disclosed the same fact to her.;
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