GANESH LAXMAN KORDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the conviction and sentence inflicted upon the appellant/original accused no.1 by way of judgment and order dated 21.1.2010, rendered by learned Special Judge, Ambajogai, in Special Case No. 2 of 2007, convicting the appellant under Section 376 of the Indian Penal Code and directing him to suffer R.I. for seven years and to pay fine of Rs. 3,000/, in default to suffer R.I. for three months and also convicting him under Section 452 of the Indian Penal Code and directing him to suffer R.I. for two years and to pay fine of Rs. 1,000/, in default to suffer R.I. for one month, and also convicting him under Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and directing him to suffer R.I. for three years and to pay fine of Rs. 1,000/, in default to suffer R.I. for one month, and all the afore said substantive sentences were to run concurrently.

(2.) The factual matrix of the prosecution case can be summarised as under :It is the case of prosecution that PW1 Vanita, who is the prosecutrix, minor at the relevant time i.e. in June, 2006, was residing at Kordewadi, Taluka Kaij along with her family members, and on 10.6.2006, her parents as well as her brother and his wife had gone to village Vida for weekly bazar and PW1 Vanita and her younger sister Anita were at home. They had gone to the well of Sheshrao Patil for washing the clothes and returned back to home at about 2.30 p.m. and sister Anita went out of the house to dry the clothes; whereas victim Vanita was watching T.V. in the house. It is alleged that at this juncture the appellant/original accused Ganesh Korde entered into her house and started pressing her neck and also threatened her as well as he removed his clothes i.e. pant and nicker and removed Vanita 's nicker and accused Ganesh inserted his penis into Vanita 's vagina, and accordingly committed rape upon her, resulting into bleeding from her private part and blood stains fell on her nicker. Thereafter accused Ganesh went away.

(3.) It is also the case of prosecution that victim Vanita 's parents, brother and sisterinlaw returned back to home in the evening on 10.6.2006 and thereupon she informed them about the occurrence of the afore said incident of committal of rape upon her by accused. Hence, all of them, along with PW3 Ashok Bansi Yadav proceeded to the police station, Kaij to lodge the complaint, but on the way near bridge, accused Ganesh, Anil Korde and other five persons stopped them and threatened them and assaulted them and accordingly obstructed them from proceeding to police station, Kaij to lodge the complaint, and therefore, they returned back. Hence, it is the case of prosecution that after lapse of about two days i.e. on 13.6.2006, PW1 Vanita i.e. prosecutrix went to police station, Kaij and lodged the complaint against the accused and same was registered under C.R.No. 134 of 2006 for the offences punishable under Sections 376, 341, 143, 452, 506 and 34 of the Indian Penal Code and also under Sections 3 (2)(v) and 3 (1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.