The Bombay High Court recently upheld the conviction and life sentence of a man, who raped his own minor daughter. The HC noted that the man already had two wives yet he ruined the life of his only daughter.
A bench of Justices Vinay Deshpande and Govind Sanap was hearing a criminal appeal filed by Dyaneshwar Tajne, 58, challenging his conviction and life imprisonment imposed by a special court in Washim.
As per the prosecution case, Tajne, a husband of two wives and father to seven children, raped his only daughter forcibly when his wife had been to Mumbai for her medical treatment, in December 2015.
The incident came to light after the girl's menstruation cycle stopped and she was taken to a local doctor for checkup and was found pregnant with 5 months.
Since the girl was a minor at the relevant time, the doctor informed the Washim Police and thereafter a criminal case was registered against her father.
The father, however, denied being the culprit and claimed that his daughter might have indulged in to sexual intercourse with some other man and thus have conceived.
Taking note of the fact of the case, the bench said, "It is pertinent to mention at the outset that Tajne is the
father of the victim girl."
"The unfortunate victim girl has narrated the plight. She has been made to suffer due to beastly and barbaric act of her own father. It is pertinent to mention that in her
evidence, she has narrated the incident with great vividity," the bench noted.
The judges further said noted that on the date of incident, Tajne was father to seven children.
"This fact would indicate that despite having two wives, Tajne did not feel satisfied and ultimately he ravaged the victim girl to satisfy his beastly lust," the judges said, adding, "An attempt has been made in the cross-examination to indicate that the victim girl was above 18 years old."
The bench further noted that Tajne being the father was in a position of dominance. "He misused his parental position and extended threat to the victim girl not to disclose the offence of rape on her by him. This incident of rape would have gone unnoticed, if the victim girl had not conceived," the bench said.
"The bravery and courage shown by the victim girl to testify against Tajne, who is her father is appreciable. The remaining family members did not support the case of the prosecution," the judges said, adding, "It may be noted that the victim girl would have
been required to spend sleepless nights and restless moments before testified against her own father."
