MALTYA MICHARA GAVIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to judgement rendered by learned Additional Sessions Judge, Nandurbar, in Sessions Case No. 40/1996 whereby the appellant is convicted for the offence punishable under section 376 (c) of the I.P. Code and sentenced to suffer rigorous imprisonment for period of five (5) years and to pay fine of Rs. 25,000/-, in default to suffer rigorous imprisonment for one (1) year.

(2.) It is undisputed that the appellant was employed in a Basic Ashram School situated at village Bil-Manjre (Tq. Nawapur). Nawapur Taluka is in tribal belt of Nandurbar district. The Basic Ashram School was meant for benefit of tribals (adiwasis). It is an admitted fact that the prosecutrix (PW15) was the student of the Basic Ashram School. At the relevant time, during the educational year of 1996, she was studying in 5th standard. It is also an admitted fact that she was admitted in the school in or about 1991. She used to reside in a room in the hostel run by the Ashram School. The appellant was employed as a teacher-cum-rector. He used to reside separately in a house with his wife and children. His residential house is situated in the proximity of the hostel and the premises of the school. There is no dispute about the fact that the prosecutrix hails from tribal community. Her family belongs to lower strata of the society.

(3.) The prosecution case, briefly stated, is that the prosecutrix was below 16 years of age at the relevant time. The appellant had called her to attend domestic work in his house during period of Christmas holidays in the last week of appellant had called the prosecutrix to his house to cook the food for himself and the children. As directed by him, the prosecutrix used to attend the school during day-time and used to halt at house of the appellant during the nighttime. He used to commit sexual intercourse with her during the nighttime. In the relevant period, on four (4) occasions, he committed sexual intercourse with her. His wife returned home on 7th January, 1996 after the family planning operation. The prosecutrix noticed that she could not get the menses at the fag end of January, 1996 though it was expected much earlier in that month. She then approached the appellant and narrated to him that she was scared due to absence of the monthly period. He assured her that he would take care of everything. There was exchange of chitthis between them. The appellant directed her not to disclose about their affairs to anyone and further threatened that if she will disclose about their affair, then she will not pass in the examination. Her educational career will be damaged due to his flunking her. He planned her to visit the house of her parents. As per his directions, she visited house of her parents and therefrom, went to Nawapur on 26th February, 1996. The appellant met her at Nawapur as told by him and took her to Ucchal and from there, to Songad (Gujrat). He admitted her in a private hospital where she was got aborted. He thereafter reached her to her parents' house at Sagipada in the same evening. On next day, she and her father approached Station Duty Officer at Nawapur Police Station. She lodged FIR (Exh-62).