Case Note & Summary
The appellant, Bandu Vishwanath Matte, was convicted by the Extra Joint District Judge & Additional Sessions Judge, Chandrapur in Special (POCSO) Case No. 130/2021 dated 30.10.2023 for offences under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and Sections 376, 376AB, 376(2)(f), 376(2)(k), 376(2)(n) of the Indian Penal Code (IPC). The case arose from an incident where the appellant, the father of the 12-year-old victim, repeatedly raped her, resulting in pregnancy. The prosecution case was based on the report lodged by Asha Worker Vaishali Pimpalshende on 15.04.2021, who noticed the victim's overgrown stomach during a survey. The victim initially did not disclose the abuse but later revealed that her father had been sexually assaulting her. Medical examination confirmed pregnancy, and DNA analysis established the appellant as the biological father of the unborn child. The trial court convicted the appellant, and he appealed before the Bombay High Court. The High Court, after examining the evidence, including the victim's testimony, medical reports, and DNA evidence, found the prosecution case proved beyond reasonable doubt. The court noted that the victim's testimony was natural and consistent, and the medical evidence corroborated her account. The court held that the father-daughter relationship aggravated the offence. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Aggravated Penetrative Sexual Assault - Section 6, Protection of Children from Sexual Offences Act, 2012 - Father committing rape on minor daughter - The appellant, father of the 12-year-old victim, was convicted for repeated sexual assault resulting in pregnancy. The court held that the testimony of the victim, corroborated by medical evidence and DNA report, was sufficient to sustain conviction. The father-daughter relationship constitutes an aggravating factor. (Paras 1-30) B) Evidence Law - Child Witness - Testimony of Victim - Credibility - The victim's testimony was found to be natural, consistent, and trustworthy. The court held that no corroboration is required if the child's testimony inspires confidence. Medical evidence and DNA report further corroborated the prosecution case. (Paras 15-25) C) Sentencing - Aggravated Sexual Assault - Life Imprisonment - The court upheld the sentence of life imprisonment under Section 6 of POCSO Act, considering the heinous nature of the crime and the breach of trust by the father. (Paras 28-30)
Issue of Consideration
Whether the conviction of the appellant under Section 6 of the POCSO Act and Sections 376, 376AB, 376(2)(f), 376(2)(k), 376(2)(n) of IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Extra Joint District Judge & Additional Sessions Judge, Chandrapur in Spl. (POCSO) Case No. 130/2021 dated 30.10.2023 are upheld.
Law Points
- Aggravated penetrative sexual assault
- POCSO Act Section 6
- Rape under IPC Sections 376
- 376AB
- 376(2)(f)
- 376(2)(k)
- 376(2)(n)
- Father as perpetrator
- Child witness testimony
- Medical evidence corroboration
- DNA evidence
- Sentencing for heinous crimes
