JAGANNATH PANDURANG WAGHARE vs THE STATE OF MAHARASHTRA AND ANR.

Judgment text excerpt

APEAL_1134_22.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPEAL NO. 1134 OF 2022 Jagannath Pandurang Waghare … Appellant vs. The State of Maharashtra and another … Respondents Mr. Pawan Mali for appellant (appointed through legal aid). Ms. Sharmila S. Kaushik, APP for respondent No.1-State. Mr. Rohan Surve for respondent No.2 (appointed through legal aid). CORAM : MANISH PITALE & MANJUSHA DESHPANDE, JJ DATE : 17th DECEMBER, 2025 JUDGEMENT (Per MANISH PITALE, J : . The appellant has challenged judgment and order dated 25.05.2017 passed by the Court of Additional Sessions Judge, Mangaon, District Raigad (hereinafter referred to as the Trial Court) in Special POCSO Case No.1 of 2016, whereby the appellant has been found guilty of having committed rape of his own minor daughter. He was convicted for offence under Section 376(2)(f) and (i) of the Indian Penal Code, 1860 (IPC) and sentenced to suffer imprisonment for life, which shall be imprisonment for the remainder of natural life along with fine of ₹ 1,000 and in default of payment of fine, to suffer simple imprisonment for 15 days. The appellant was also convicted for offence under Section 5(j)(ii) and (l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of ₹ 1,000/-, in default of which to suffer simple imprisonment for 15 days. The substantive sentences of imprisonment were directed to run concurrently. 1/21 APEAL_1134_22.doc 2. The prosecution case in brief is that the appellant being an agricultural labourer, was living with his wife, minor daughter and minor son in small house, having one room and an attached kitchen. It is the case of the prosecution that the appe