SHRAWAN ATMARAM SISODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is directed against the Judgment and order of the High Court of Judicature at Bombay, Bench at Aurangabad, dated 16.3.2005 in Criminal Appeal No. 62/2004. The High Court by its impugned judgment and order has affirmed the order of conviction and the sentence imposed under Section 376 IPC. The appellant has been sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 10,000/- (Rupees Ten Thousand only) and in default to suffer rigorous imprisonment for 1 year.

(2.) This case arises out of a criminal complaint filed-before the Magistrate First Class, Shindkheda who took cognizance of the offence punishable under Section 376 IPC and thereafter committed the appellant to stand trial before the Court of Sessions. The complainant S (PW-2) is the wife of B (PW-3). They were residing at Nardana and the appellant was their immediate neighbour. The case of the prosecution is that on October 07, 1999 between 12.00 noon and 1.00 p.m. when the complainant was alone in the house, since her husband and mother-in-law had gone to the fields, the appellant entered the house from the rear door and dragged the complainant to the room in front and had forcible sexual intercourse with her. Soon thereafter, the mother of the appellant came to the complainant and begged her pardon for the misdeeds of her son. She requested her not to report the matter to anyone. In the evening when the husband and mother-in-law of the complainant came home, the complainant immediately reported the matter to them. The husband of the complainant, i.e. PW-3 was disturbed and offended and he immediately went to the house of the appellant to question him as to why he had committed such a heinous act. When he went to protest he was assaulted by the appellant and members of his family. He received several in injuries including a head injury. The complainant and her husband were immediately removed to Nardana Hospital where Dr. Nilesh Aaher (PW-1) attended to the injuries of the husband of the complainant. He was later removed to the hospital at Dhule.

(3.) It is the case of the prosecution that Dr. Aaher (PW-1) had informed the police about the arrival of PW-3 in the hospital with injuries and pursuant to the report received from the Medical Officer, a police constable was deputed to visit the hospital. It is also the case of the prosecution that the husband of the complainant, i.e.PW-3 made a detailed report to the police constable both regarding assault on him and commission of rape on the complainant (PW-2). However, as it transpires, the report recorded by the police constable was only in relation to the offence of assault and there was no mention about the offence of rape committed by the appellant. The complainant and her husband were distressed on account of inaction of the police and therefore they reported the matter to the Superintendent of Police, Dhule on 11.10.1999. They made a written report to the Superintendent of Police wherein they mentioned the fact that the complainant had been raped by the appellant but the police was not taking appropriate action.