Shalini Phansalkar Joshi JUDGMENT
Dr. Shalini Phansalkar Joshi, J.
1. Appellant, who stands convicted by the Judgment and Order dated 16th September, 2006 in Sessions Case No. 93 of 2006, delivered by the Additional Sessions Judge, Thane for the offences punishable under Sections 376 and 506(2) of the IPC and sentenced to suffer life imprisonment and to pay fine of Rs.5,000/-, in default to suffer R.I. for 20 days, by this Appeal challenges his conviction and sentence.
2. Facts, as are necessary, for deciding this Appeal may be stated as follows :-
Prosecutrix in this case is a young adolescent girl of 16 years, (her name is deliberately withheld to protect her identity), staying with her mother PW-2 Fatima and her step-father, the Appellant herein. When she was hardly 3 years of age, her real father expired. Within two years thereafter, her mother PW-2 Fatima got married with the Appellant and since then they were residing together.
3. It is alleged by the Prosecution that about one and a half year before lodging of the complaint, one day, while Prosecutrix was alone in the house, the Appellant committed forcible sexual intercourse with her and thereafter threatened her not to disclose about the same to anyone. Being frightened, she remained quiet as she had apprehension due to threatening given by the Appellant that he may kill her and her mother. The Appellant then continued to rape her once or twice in a week for a long period of two to three months, as a result of which, she became pregnant. When she complained about pain in stomach, she was taken by her mother to PW-3 Dr. Nemichand Jain. Her sonography was performed, which revealed her pregnancy. Then she was admitted in the hospital of Dr. Dongre, where she delivered a male child.
4. After her delivery, when her mother PW-2 Fatima made enquiry with her, she ultimately disclosed that it was the Appellant who had committed rape on her on multiple occasions and, therefore, she has remained pregnant. After she gave this information to her mother, her mother started residing with her separately from the Appellant. Even then, Appellant continued to give threatening to her and her mother. Hence, ultimately, she and her mother went to the Police Station and lodged complaint (Exhibit-18) against the Appellant.
5. PW-7 PSI Raghunath Badgujar, who was attached to Mumbra Police Station, registered the complaint of PW-1 the Prosecutrix vide Exhibit-18 and on the said complaint, registered C.R. No. 380 of 2005 against the Appellant. During the course of investigation, he made Spot Panchanama (Exhibit-23) in the presence of the Panch PW-4 Mohammad Sayyad. He then referred the Prosecutrix for her medical examination at Rajiv Gandhi Chatrapati Shivaji Hospital, Kalwa, Dist. Thane. There, PW-9 Dr. Ashutosh Ajgaonkar examined the Prosecutrix and reported that her hymen was absent, being torn; she was habituated to sexual intercourse and there were signs of past pregnancy. He issued the Certificate (Exhibit-40) accordingly.
6. As a part of further investigation, PW-7 PSI Raghunath Badgujar recorded the statement of PW-5 Ayasha Rashid, who has taken child of the Prosecutrix and has handed over the custody of the child to PW-6 Roja Mudliyar for looking after the said child and for maintenance, with the consent of the Prosecutrix and her mother PW-2 Fatima.
7. PW-7 PSI Raghunath Badgujar has then collected the blood sample of the Prosecutrix, the Appellant, the child and two other persons by name Salim and Juber and sent the same to Chemical Analyzer for D.N.A. testing. PW-8 Dilip Desai, Assistant Chemical Analyzer, Forensic Lab., Mumbai conducted the D.N.A. test and concluded that the Prosecutrix an........