Case Note & Summary
The appellant, Nitin Dnyanoba Maske, was convicted by the Special Judge in Special (POSCO) Case No. 12 of 2015 for offences under Section 354A of the Indian Penal Code (IPC) and Sections 8 and 10 of the Protection of Children from Sexual Offences Act, 2012 (POSCO Act). He was sentenced to rigorous imprisonment for two years under Section 354A IPC, three years under Section 8 POSCO Act, and five years under Section 10 POSCO Act, with fines and default sentences. He was also acquitted of the charge under Section 323 IPC. The victim (PW-3) was the appellant's stepdaughter, aged about 15 years. The appellant lived with the victim's mother (PW-2) and the victim. Fifteen days before the FIR, the appellant picked a quarrel with the mother, pressed the victim's breast, and insisted on having sexual intercourse with her. The mother tried to reason with him but he persisted. The victim lodged a complaint on 02.03.2015, leading to registration of offences. The appellant was arrested and tried. The trial court convicted him based on the testimony of the victim and her mother, which was found credible. The appellant appealed against the conviction. The High Court heard arguments from both sides. The court examined the evidence and found that the victim and her mother had consistently supported the prosecution case. The court noted that the appellant was the stepfather and had maintained the victim like a father, but his actions constituted sexual assault. The court upheld the conviction, finding no reason to interfere with the trial court's findings. However, considering that the appellant was the sole breadwinner of the family and had already undergone imprisonment for about one year and seven months, the court reduced the sentence to the period already served, while maintaining the fine amounts. The appeal was partly allowed to the extent of sentence modification.
Headnote
A) Criminal Law - Sexual Assault - Section 354A IPC, Sections 8 and 10 POSCO Act - Conviction - The appellant was convicted for pressing the breast of his minor stepdaughter and insisting on sexual intercourse - The victim (PW-3) and her mother (PW-2) testified consistently - The court held that the evidence of the victim and her mother is credible and trustworthy, and the prosecution proved its case beyond reasonable doubt - The conviction was upheld (Paras 1-10). B) Criminal Law - Sentencing - Mitigating Circumstances - The appellant was sentenced to rigorous imprisonment for five years under Section 10 POSCO Act - Considering that the appellant was the sole breadwinner and had already undergone imprisonment for about one year and seven months, the court reduced the sentence to the period already served, while maintaining the fine - Held that the sentence can be modified in the interest of justice (Paras 11-12).
Issue of Consideration
Whether the conviction of the appellant under Section 354A of IPC and Sections 8 and 10 of the Protection of Children from Sexual Offences Act, 2012 is sustainable based on the evidence on record
Final Decision
Appeal partly allowed. Conviction upheld. Sentence reduced to the period already undergone (about one year and seven months) while maintaining the fine amounts. Sentences to run concurrently.
Law Points
- Conviction under Section 354A IPC and Sections 8 and 10 of POSCO Act requires proof of sexual assault or harassment of a child
- testimony of victim and mother can be relied upon if credible
- sentence may be reduced to period already undergone considering mitigating circumstances
