Case Note & Summary
The appellant, Dnyaba @ Dnyaneshwar s/o Gyanuji Tajne, was convicted by the Additional Sessions Judge, Washim in Special Child Case No.72/2016 for offences under Section 376(2)(f),(n) of the Indian Penal Code and Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. He was sentenced to life imprisonment and a fine of Rs.10,000, with default rigorous imprisonment of 6 months. The victim, the appellant's daughter, was below 18 years at the time of the offence. In December 2015, while the victim's mother was away for medical treatment, the appellant raped the victim in their home. The victim became pregnant and was admitted to a hospital on 22.06.2016, where the pregnancy was discovered. The victim disclosed the abuse to her mother, leading to an FIR. The trial court convicted the appellant. On appeal, the High Court examined the evidence, including the victim's testimony, medical evidence, and a DNA report confirming the appellant as the biological father of the child. The court found the victim's testimony credible and reliable, and the medical and DNA evidence corroborated her account. The court held that the prosecution proved the case beyond reasonable doubt and upheld the conviction and sentence. The appeal was dismissed.
Headnote
A) Criminal Law - Rape - Incest - Section 376(2)(f),(n) IPC - Conviction of father for rape of minor daughter - The victim, a 14-year-old girl, was raped by her father resulting in pregnancy. The court upheld the conviction based on the testimony of the victim, medical evidence, and DNA report confirming the appellant as the biological father of the child born to the victim. Held that the evidence of the victim is credible and reliable, and the prosecution has proved the case beyond reasonable doubt (Paras 1-20).
B) Protection of Children from Sexual Offences Act, 2012 - Aggravated Penetrative Sexual Assault - Section 5 read with Section 6 - The appellant, being the father of the victim, committed aggravated penetrative sexual assault. The court held that the offence falls under Section 5 of the POCSO Act and the sentence of life imprisonment is appropriate (Paras 1-20).
C) Evidence - Child Witness - Testimony of Victim - The victim's testimony was found to be trustworthy and consistent. The court held that the testimony of a child victim of sexual assault, if credible, can be the sole basis for conviction without corroboration (Paras 10-15).
D) Medical Evidence - DNA Report - The DNA report confirmed that the appellant was the biological father of the child born to the victim. This evidence corroborated the victim's testimony and established the appellant's guilt (Paras 16-18).
Issue of Consideration
Whether the conviction of the appellant under Section 376(2)(f),(n) IPC and Section 5 read with Section 6 of the POCSO Act is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court are upheld.
Law Points
- Rape of minor daughter by father
- Incestuous rape
- Aggravated penetrative sexual assault
- POCSO Act
- Section 376(2)(f) IPC
- Section 376(2)(n) IPC
- Section 5/6 POCSO Act
- Life imprisonment
- DNA evidence
- Medical evidence
- Testimony of victim
- Child witness
- Corroboration
- Sentence
Case Details
2022 LawText (BOM) (01) 92
Criminal Appeal No. 686 of 2018
V. M. Deshpande, G. A. Sanap
Smt. S.P. Deshpande (Appointed) for the Appellant, Shri T.A. Mirza, A.P.P. for Respondent - State
Dnyaba @ Dnyaneshwar s/o Gyanuji Tajne
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Nature of Litigation
Criminal appeal against conviction for rape and aggravated penetrative sexual assault of a minor daughter by her father.
Remedy Sought
Appellant sought acquittal from the conviction and sentence imposed by the trial court.
Filing Reason
Appellant challenged the judgment and order of conviction dated 28.12.2017 passed by the Additional Sessions Judge, Washim in Special Child Case No.72/2016.
Previous Decisions
The trial court convicted the appellant under Section 376(2)(f),(n) IPC and Section 5 read with Section 6 of the POCSO Act and sentenced him to life imprisonment and fine.
Issues
Whether the conviction of the appellant under Section 376(2)(f),(n) IPC and Section 5 read with Section 6 of the POCSO Act is sustainable based on the evidence on record.
Submissions/Arguments
The appellant argued that the evidence was insufficient and the victim's testimony was not reliable.
The respondent-State argued that the prosecution proved the case beyond reasonable doubt through the victim's testimony, medical evidence, and DNA report.
Ratio Decidendi
The testimony of the victim of sexual assault, if found credible and reliable, can be the sole basis for conviction. In this case, the victim's testimony was corroborated by medical evidence and DNA report, establishing the appellant's guilt beyond reasonable doubt.
Judgment Excerpts
In this appeal challenge is to the judgment and order dated 28.12.2017, passed by the learned Additional Sessions Judge, Washim in Special Child Case No.72/2016, whereby the learned Judge has convicted the appellant for the offence punishable under Section 376[2][f], [n] of the Indian Penal Code and for the offence punishable under Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012...
The victim is the informant. The appellant is the father of the victim.
The victim used to reside with the appellant, her mother and other siblings at village Belkhed...
In the month of December, 2015 mother of the victim by name Jyoti had gone to the house of her maternal uncle at Mumbai for medical treatment.
One night, the appellant, while the victim was sleeping inside the room, came in the said room from the courtyard... removed the clothes on the person of the victim... pressed her breast and committed sexual intercourse with her.
In the course of time her M.C. stopped... the doctor informed that the victim had conceived.
The father established sexual relations with the victim and the victim conceived.
Procedural History
The trial court convicted the appellant on 28.12.2017. The appellant filed Criminal Appeal No. 686 of 2018 before the Bombay High Court, Nagpur Bench, challenging the conviction and sentence. The High Court heard the appeal and delivered judgment on 19.01.2022, dismissing the appeal and upholding the conviction.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 376(2)(f), 376(2)(n)
- Protection of Children from Sexual Offences Act, 2012 (POCSO Act): 5, 6
