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Synopsis

Judge Anis AJ Khan of the Special POCSO Court of Mumbai has convicted a 40-year-old stepfather for repeatedly raping his minor stepdaughter and has sentenced him to rigorous imprisonment of 20 years. The 40-year-old was booked under IPC and POCSO Act.

The victim girl was 14 years old and was studying in 9th grade. The biological father was addicted to liquor and therefore the mother of the victim had divorced him and married the accused.

It was alleged that in October 2019 when the victim was sleeping with her sisters on the ground, she felt somebody moving his hand on her body. When she woke up, she found that the accused was sleeping with her on the ground and moving his hand on her body. When the victim tried to oppose it, the accused pressed her mouth and committed sexual intercourse with her by force and threatened her to kill if she disclosed it to anybody.

When the mother had gone to her native place the accused forcefully had sexual intercourse with the victim. When the mother came back and enquired about where the victim and her sisters were sleeping, the victim narrated all the incidents to her mother. After the mother took her to a hospital, they came to know that the victim is pregnant and had been carrying the child for 16 weeks. Subsequently, an FIR was lodged, charges were framed and the stepfather was tried for raping the stepdaughter.

During the trial, the advocate for the accused informed the court that the victim and the mother had turned hostile and reliance would have to be placed upon the DNA report. He told, “Victim girl has admitted that her step father is in jail and only earning member of family. Mother is not willing to keep him behind bars. She has stated that whatever wrong did by my step-father, I want to excuse him. Do not want to keep him behind bars.”

However, the Special Court convicted the stepfather based on the DNA Report. The Court said that,

“Offence is heinous, a step-father who committed repeated rape on victim girl who is a child below 18 years. DNA report has established that victim girl was carrying pregnancy and the accused was the biological father of victim's fetus. Merely because the victim PW-2 and PW-1 victim's mother had turned hostile it cannot lead to fatal the case of prosecution. It is indeed sad, very serious heinous act committed by accused who is step father of victim girl.”

While noting that through scientific evidence the prosecution had proved reasonable doubt, the court said,

“Though the PW-1 mother of victim and PW-2 victim girl have chosen not to support the prosecution case and they have turned hostile but scientific evidence in the form of DNA test report on record proved the guilt of accused beyond all reasonable doubt.”

The court further noted that:

“The evidence and material on record clearly demonstrate that despite the material prosecution witness turning hostile, the prosecution conclusively proved its case beyond reasonable doubt against the accused. Hence, I answer point Nos 1 to 5 in affirmative”

The Special Court then passed its order and convicted the stepfather while sentencing him to rigorous imprisonment of 20 years. The court also imposed a fine on the accused and said that if the fine is recovered from the accused a sum of Rs. 34000 should be paid to the victim.