OMKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal against the conviction. The appellant has been convicted for the offence punishable under Sec. 376(2)(f), (i), (n) of the Indian Penal Code and Sec. 4 and 6 of the protection of Children from Sexual Offences Act, 2012 and, therefore, sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.25,000.00, in default to suffer rigorous imprisonment for six months. The appellant is also convicted for the offence punishable under Sec. 506 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1000.00, in default to suffer rigorous imprisonment for one month.

(2.) The facts are unusual. The appellant is the real brother of the victim (prosecutrix), a 17 year old girl at the relevant time. It is the case of the prosecution that, the appellant had put the prosecutrix in fear of her life and sexually exploited her many a times. As a result, the prosecutrix conceived and delivered a child. The prosecutrix, therefore, lodged the First Information Report (F.I.R.) - Exh.8 on 8/3/2017 with Loni Kalbhor Police Station, District Pune. Since the offence took place within the limits of Shiradhon Police Station, the crime came to be transferred to it for investigation. It appears that, the prosecutrix delivered a child in Sassoon Hospital, Pune. Blood samples of the prosecutrix and the new born were obtained at Sassoon Hospital itself.

(3.) The investigation took place. The prosecutrix gave a supplementary statement, exonerating the appellant herein and putting a blame on one Gajanan Gaikwad (since acquitted). On arrest of both the appellant and Gajanan, their blood samples were obtained for D.N.A. profiling. The blood samples were analysed at Forensic Science Laboratory, Pune. The D.N.A. reports ruled out involvement of Gajanan. The D.N.A. report concludes the appellant to be the biological father of the new born of the prosecutrix. Both appellant and Gajanan were proceeded against by filing the charge sheet.