MARTAND RAMCHANDRA LOKHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the appellant's conviction by the learned Additional Sessions Judge, Pune for the offences punishable under Section 376, 451 and Section 506 of the Indian Penal Code, 1908 and sentence to suffer R. I. for 5 years with fine of Rs. 500/, or in default R. I. for 3 months, R.I. for 3 months with fine SSM 2 206.cr.appeal.438.93.J of Rs. 100/, or in default R. I. for 7 days; and R. I. for 6 months with fine of Rs. 200/, in default to suffer R. I. of 15 days, respectively on the three counts.

(2.) The appellant is a nephew of one Janabai who is victim's step mother, victim's father having taken the said Janabai in second marriage. Some time in June, 1991 the appellant went to the house of prosecutrix at noon time when she was alone, promised goodies to the prosecutrix; and then committed forcible sexual intercourse with her. He promised to marry her and threatened her that if she discloses what had happened to anyone in her family he will murder her and her family. It is alleged that in the month of June and July, appellant continued to go to the house of the prosecutrix when the prosecutrix was alone in the house and the appellant committed forcible sexual intercourse on 4 to 5 occasions. The prosecutrix became pregnant. As she was affected by polio she states that her pregnancy could not be noticed till the last month. When she had some pain in abdomen, her father had taken her to a doctor who found that she was near the completion of term of pregnancy. Since an abortion was not possible, she was sent to a gynaecologist where the prosecutrix delivered a male child by ceasarian section. After delivery she was lodged in a social institution and upon the persuasion of social workers, a report came to be given on 23th March, 1992, i.e., about 20 days after the child was born.

(3.) An offence was registered and the investigation commenced. Police drew up panchanama and also got a sketch of spot prepared. They got necessary samples to be taken, arrested the appellant, subjected the prosecutrix and appellant to medical examination, recorded statements of witnessess and on completion of investigation sent chargesheet to the Court of the learned Judicial Magistrate, First Class, Ghodegaon, who committed the case to the Court of Sessions at Pune.