PANDHARINATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 31.01.2003 passed by the Nagpur Bench of the High Court of Bombay, convicting the appellant herein under the provisions of Section 376 of the Indian Penal Code, 1860 (for short 'IPC'). The trial court, after convicting the appellant under Section 376 IPC sentenced him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- in default to suffer further rigorous imprisonment for six months. The said sentence was, however, altered by the High Court by awarding a sentence to undergo rigorous imprisonment for the period of one year and to pay a fine of Rs. l,000/- and in default to undergo further rigorous imprisonment for a period of six months.

(2.) Facts briefly stated are as under : Prosecutrix Shobha Bhaurao Ramteke was a working woman and was working in Battery Company at Vardhman Nagar. According to the allegations made in the First Information Report filed by her, she met the accused-appellant at Boudha Vihar situated at Seminary Hills. At the said meeting, the accused-appellant told her that he is in need of maid servant and she will be paid Rs. 400/- with meals and residence facility. Thereafter, the accused-appellant invited her to attend the Paritrana Path, which was going to be held on 26.08.1992 between 6.00 p.m. to 8.00 p.m. In terms of the aforesaid invitation, the complainant had gone there and at that time one Bhante, sister of accused Nalini, son of accused and one another lady by name Ramteke were present in the house of accused-appellant. However, the function of Puja was postponed for next day, and therefore, all of them were sleeping in the first room. The accused-appellant asked the complainant and lady Ramteke to sleep in kitchen room along with their children. Further allegation made out in the FIR is that at about 2.30 - 3.00 a.m. the complainant found that somebody is touching her head and hence she gave jerk to the hand. When she again felt that somebody is touching her body she got up. She found that the accused-appellant was sitting near her bed whereupon she shouted. Immediately, the accused-appellant gagged her mouth and lifted the petticoat and removed the underwear of the prosecutrix and committed sexual intercourse. On hearing her cries, Bhante came there and the complainant told the incident to him, upon which Bhante got annoyed and gave a slap on the face of accused-appellant. In the morning, Bhante and the prosecutrix came to the house of the wife of the accused and from there they went to the office of Commissioner of Police. The prosecutrix narrated the incident to the Commissioner of Police. Thereafter she was sent along with the police to the Sakkardara Police Station wherein her statement was recorded and a criminal case was registered. Thereafter, she was sent for medical examination. Subsequently, the accused was arrested and he was sent for medical examination. After completion of the investigation, charge sheet was filed against the accused-appellant under Section 376 of the IPC. In terms of the aforesaid charge sheet, charges were framed against the accused-appellant for committing the offence under Sections 376 IPC. When the charge was explained to the accused, he pleaded not guilty and claimed to be tried.

(3.) During the course of the trial, 9 witnesses were examined on behalf of the prosecution. Two defence witnesses, namely, Dr. Avinash Wase (D.W. 1) and one Ku. Ranjana (D.W. 2) were also examined. The learned trial court thereafter heard the counsel appearing for the parties and then passed an order of conviction against the appellant holding him guilty of the offence under Section 376 IPC and sentenced him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- and in default to suffer rigorous imprisonment for six months.