The Bombay High Court on Thursday upheld the conviction of a man accused of raping his minor stepdaughter for two years on the idea of a DNA report.
The accused, a 36-year-old mechanic from Thane, was convicted by a particular courtroom beneath the Protection of Children from Sexual Offences Act for raping his stepdaughter for two years and impregnating her within the course of. The man was convicted at the same time as his spouse and the sufferer’s mom turned hostile witness.
Hearing the accused’s plea difficult his conviction and sentence, the bench of Justice Sandeep Okay Shinde upheld his conviction on the idea of a DNA report.
The sufferer’s father had died within the 12 months 2000 when she was simply two-year-old and thereafter, she was residing together with her siblings at maternal grandfather’s home. Her mom remarried in 2010 and in 2012 the sufferer began residing together with her mom, sisters, stepfather (accused) and stepbrother in Thane. When she was in Class 7, her stepfather sexually assaulted her at any time when her mom would exit to work as home assist.
The woman, beneath menace, didn’t speak concerning the assault to anybody. It all got here to gentle when the woman grew to become pregnant.
Unaware that her husband was the offender, the mom registered a case in opposition to an unknown individual and bought the sufferer’s being pregnant terminated.
During the investigation, the forensic workers collected a blood pattern of the sufferer and captured fetal cells for DNA evaluation.
The mom and the daughter’s assertion had been recorded by police. The woman gave two completely different tales. In one assertion she mentioned that she was sexually assaulted by a rickshaw driver on her means again to high school in December 2013.
In her second model, she alleged that her schoolmate named Manish alias Manoj Rathod raped her.
Investigation revealed that Manish alias Manoj Rathod was a pretend title, and no such individual was learning within the college the sufferer was attending.
The sufferer initially tried her degree finest to cover the identification of the accused however lastly, on April 26, 2014, she revealed that her stepfather had repeatedly assaulted her when no person was at house. The police instantly arrested the stepfather, and his checks had been carried out and the mom’s assertion was recorded.
Bombay HC verdict
Although the mom turned hostile, Justice Shinde famous that the woman’s (*2*)
The woman informed the courtroom that she didn’t inform anybody concerning the horrific incident as a result of after dropping her father, she was on the mercy of her mom and stepfather, and she or he was apprehensive about dropping her solely shelter.
Her stepfather had warned her of dire penalties if she revealed it to anybody, the sufferer informed the courtroom. After she had revealed what she had gone by, she was moved to a shelter house and had informed the courtroom that she didn’t wish to return to her home.
Justice Shinde mentioned, “In my view, victim’s conduct was not unnatural at all, and therefore simply because she did not disclose the name of her stepfather initially, that itself was not sufficient to disbelieve her when other evidence corroborates her version.”
It was the DNA report of the fetus that had pinned the accused down within the case. The report concluded that the accused had fathered it. However, his attorneys didn’t admit the DNA report. Justice Shinde noticed that right here was no software moved by the accused for summoning the knowledgeable nor did the accused show in what respect, the report was poor in order to summon the knowledgeable earlier than admitting the DNA report in proof. In the circumstances, the objection raised by the accused, that the trial courtroom ought to not have admitted the DNA report in proof with out first analyzing the knowledgeable, was rejected by the courtroom.