TUKARAM GOVIND YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeal and revision are preferred challenging the judgment and order dated 6.7.1996 passed by the learned Additional Sessions Judge, Kolhapur in Sessions Case No.49 of 1996 whereby the learned trial Judge convicted the accused for the offence punishable under Section 376 read with Section 511 of Indian Penal Code and directed the accused to suffer S.I. for one year and fine of Rs.300/- in default S.I. for one month. By the said order, considering the age of the accused, he was directed to be released under Section 360 of Cr.P.C. on giving a bond of good behaviour of one year in the sum of Rs.5000/- with a surety in the like amount.

(2.) While the appellant in Criminal Appeal No.506 of 1996 challenges his conviction under Section 376 read with Section 511 of Indian Penal Code, the revision petitioner in Criminal Revision Application No.29 of 1997 contended that the sentence imposed was inadequate considering the nature of offence held as proved by the learned trial Judge.

(3.) Briefly stated the case of the prosecution is that: first informant Parvatibai Yadav and the accused are resident of village Sonarwadi and used to reside in that village when the incident occurred. The first informant was residing with her daughter-in-law, granddaughter and her two sons. Victim is the granddaughter of first informant who was aged about nine years at the time of the incident. It is case of the prosecution that on 27.10.1995 while prosecutrix was playing with her sister Jyoti and her friend Rani in the afternoon in front of the house of the accused. At about 3:00 p.m. Jyoti had returned to the house complaining that their play was disturbed by the accused who had driven away Jyoti and Rani and taken away prosecutrix girl in his house. The first informant immediately went to the house of the accused. According to her, she had found accused and her grand-daughter prosecutrix in the kitchen while knicker of prosecutrix was removed and she was lying on the ground. Accused was found sleeping over her trying to have intercourse with her. When first informant reached, the accused had got up. Thereafter the victim was taken away by the first informant back to her house. In the evening time, a complaint was lodged with the police.