AMJADKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 8th September 2009 whereby the appellant has been convicted of an offence under section 376(1) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5000/-, in default, to suffer further rigorous imprisonment for one year.

(2.) Prosecution case in short is that on 30-3-2006 prosecutrix had gone to watch drama with her friend and during interval, she and her friend went to the house of accused to drink water. When they reached near the house of accused, Shweta (friend of victim) pushed her inside the house of accused, latched the door from outside. It is alleged that accused then committed rape on prosecutrix. After some time, Baba Jambhule, Meshram teacher and another person came there; they opened the door and took the prosecutrix to the hostel. On 1-4-2006 prosecutrix along with her father went to Police Station and lodged report. Prosecutrix belonging to scheduled tribe community "Gond" was minor, aged about 15 years. After completion of investigation, charge-sheet came to be filed against the accused.

(3.) Charge was framed under sections 376, 342 and 506 of the Indian Penal Code and under section 3(l)(xii) of the SC and ST (Prevention of Atrocities) Act, 1989. It was read over and explained to accused. He pleaded not guilty and claimed to be tried. His defence is that of false implication. According to him, on that particular night, victim was chased by some boys; she took shelter at his house; no incident of rape took place and just to extract Rs. 25,000/- from the Government which amount is given by the Government in case a girl belonging to SC or ST is raped, he has been falsely implicated.