Justice R C Chavan confirmed the conviction and sentence of 70-year-old Bhimrao Gaikwad under Section 376 (2) (f) of the IPC and rejected his plea seeking leniency on the grounds of his age.
"The appellant (Gaikwad) is not so old that he cannot commit the sexual act and there is no medical evidence to prove otherwise," Chavan said.
According to the prosecution, the accused and the victim were neighbours. On May 30, 2005 the accused had called the six-year-old girl to his hut on the pretext of purchasing a cigarette for him. When the girl came inside the hut, the accused raped her.
The accused then gave the victim Rs 3 to buy chocolate and instructed her not tell anyone about the incident. The girl, however, informed her mother who lodged a police complaint.
On October 4, 2008, the accused was pronounced guilty and the accused challenged this order in the high court.
The defence advocate argued that the accused was implicated in the case to avenge a quarrel that had occurred a few days before the incident between the accused and the victim's mother.
