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The Police Inspector, Srirampura police station has filed charge-sheet against the accused for the offences punishable under Secs. 376, 354 and 506 of IPC and Secs.6, 8, 10 and 12 of POCSO Act, 2012.

2. Gist of the prosecution case is that:

The accused, being the step father of the victim girls aged 12 years and 11 years respectively, 2 months prior to 3.5.2017 at about 4 P.M., when CW2/victim girl came out of the school, the accused told her that her mother was in the house and asked him to bring her [Cw2/victim girl] and by saying so, he took CW2/victim girl in his two wheelers to her house and when CW2/victim girl entered the house and asked as to where her mother was, the accused told CW2/victim girl that, her mother has gone to sell ambli [eatables] and took CW2/victim girl to a room and made her to forcibly remove her uniform and when CW2/victim girl tried to shout, the accused gagged her mouth by clothes and tied her hands and committed rape on her, knowing that she was a small child and his step daughter. Again one month prior to 3.5.2017 when CW1/complainant fell ill and she was sleeping, the accused gave her tables and when CW1 was sleeping, and in the midnight, CW2/victim girl screamed loudly; CW3/victim girl woke up and tried to wake up CW1, but, CW1 did not wake up, and saw that, the accused removed his pant and slept on CW2/victim girl and by seeing it, CW3/victim girl got frightened and slept; and that the accused committed aggravated penetrative sexual assault/rape on CW2/victim girl, knowingly that she was minor who was aged 12 years and his step-daughter and that due to fear of killing her moher-CW1 and sister-CW2, she [CW2/victim girl] did not disclosed the incident to anybody; and that after 5 to 6 days of the above stated incident, the accused took CW3/victim girl to the terrace of the house and scratched her left breasts with his nails and outraged her modesty, and committed aggravated sexual assault on CW3/victim girl who was a child of 11 years and his step-daughter and the accused with a criminal intimidation, threatened CW2/victim girl of killing CW1 and CW3/victim girl, if she discloses the said incidents to anybody and also threatened CW3/victim girl that , he would kill her mother-CW1 and her sister-CW2/victim girl, if she discloses the said act committed by him to anybody. A case was registered on the basis of the complaint lodged by the complainant/mother of the victim girls in Cr.No.101/2017. During the course of investigation, the accused was arrested and he was taken to the judicial custody. Since then the accused is in the judicial custody.

2) Whether the prosecution has proved beyond all reasonable doubt that, accused after 5 to 6 days of the above stated alleged incident, he took CW3/victim girl to the terrace of her house and scratched her left breasts with his nails and committed aggravated sexual assault on CW3/victim girl knowingly that she was a child of 11 years and his step-daughter, thereby, the accused has committed aggravated sexual assault on CW3/victim girl for the offence punishable under Sec.10 of POCSO Act, 2012 ?

3) Whether the prosecution has proved beyond all reasonable doubt that, the accused after 5 to 6 days of the above stated alleged incident, took CW3/victim girl to the terrace of her house and scratched her left breasts with his nails, knowingly that she was a child of 11 years and his step-daughter and outraged the modesty of CW3/victim girl, and thereby you the accused have committed an offence punishable under Sec.354 of IPC?

4) Whether the prosecution has proved beyond all reasonable doubt that, the accused criminally intimated by threatening CW2/victim girl of killing CW1 and CW3/victim girl, if she discloses the said offensive act on her person committed by the accused and also by threatening CW3/victim girl that, he would kill her mother/CW1 and her sister-CW2/victim girl, if she would disclose the offensive act committed by the accused on CW2/victim girl, to anybody, thereby the accused have committed an offence punishable under Sec.506 of IPC?

5) What Order?

9. My findings on the above points are as under:

Point Nos.1 to 4: In the AFFIRMATIVE Point No.5: As per the final order, for the following:

REASONS

10. POINT NOS.1 TO 4:- As these Points are inter-linked to each other, they are taken up for common discussion to avoid repetition of facts. It is the specific case of the prosecution that, "The accused, being the step father of the victim girls aged 12 years and 11 years respectively, 2 months prior to 3.5.2017 at about 4 P.M., when CW2/victim girl came out of the school, the accused told her that her mother was in the house and asked him to bring her [Cw2/victim girl] and by saying so, he took CW2/victim girl in his two wheelers to her house and when CW2/victim girl entered the house and asked as to where her mother was, the accused told CW2/victim girl that, her mother has gone to sell ambli [eatables] and took CW2/victim girl to a room and made her to forcibly remove her uniform and when CW2/victim girl tried to shout, the accused gagged her mouth by clothes and tied her hands and committed rape on her, knowing that she was a small child and his step daughter. Again one month prior to 3.5.2017 when CW1/complainant was sleeping due to ill-health the accused gave her tablets and when CW1 was sleeping, in the midnight, when CW2/victim girl screamed loudly, CW3/victim girl woke up and tried to make CW1 alert, but, CW1 did not wake up, at that time, CW3/victim girl saw that,, the accused removed his pant and slept on CW2/victim girl, and by seeing it, CW3/victim girl got frightened and slept and that, the accused committed aggravated penetrative sexual assault/rape on CW2/victim girl, knowingly that she was minor aged about 12 years and his step-daughter; and due to fear of killing her mother-CW1, and sister-CW3, she [CW2/victim girl] did not disclosed the incident to anybody. After 5 to 6 days of the above stated alleged incident, the accused took CW3/victim girl to the terrace of her house and scratched her left breasts with his nails and outraged her modesty, and the accused committed aggravated sexual assault on CW3/victim girl knowingly that she was a child of 11 years and his step-daughter; The accused criminally intimidated CW2/victim girl of killing CW1 and CW3/victim girl, if she discloses the rape committed on her to anybody; and also threatened CW3/victim girl that, he would kill her mother-CW1 and her sister-CW2/victim girl, if she disclose the said act committed by the accused on CW2/victim girl to anybody.".