SANJAY ALIAS SHRIRAM GONDCHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this Appeal is to the judgment passed by learned Additional Sessions Judge, Achalpur, Dist.-Arnravati: in Sessions Case No.119/2006, whereby the appellant came to be convicted for offence punishable under sections 376 and 506 of the Indian Penal Code (in short "IPC"). For the offence of rape punishable tinder section 376, IPC he was sentenced to suffer rigorous imprisonment of 5 (five) years and to pay a fine of Rs. 1,000/- (Rupees one thousand),: in default to suffer rigorous imprisonment of three months. For the offence of threatening the prosecutrix to fail in her examination, if she disclosed the incident of sex with her, punishable under section 506, he was sentenced to suffer rigorous imprisonment of six months and to pay a fine of Rs.200/-, in default, to suffer rigorous imprisonment for 15 days

(2.) Brief facts giving rise to the appeal are that : Prosecutrix (PW 1), aged about 16 years and was studying in IX standard in Vikas Vidyalaya at Wadner Gangai.She used to reside with her parents, brother and sister. The appellant was her teacher. Some time in the year 2004, he had called the prosecutrix in the Science Laboratory, caught hold of her; kissed her and then threatened her that if she would resist, she would fail in her examination and then committed forcible sexual intercourse with her. Though she attempted to shout, he warned that she would be defamed by him. On 5.3.2006, the appellant had called the prosecutrix through her friend Shanta Thakre to her house. When prosecutrix went to Shanta's house, the appellant asked Shanta to go out of the house then he closed the door and caught hold of the prosecutrix, who removed her clothes forcibly, kissed her, removed his clothes made her to lie down on the ground, then he introduced his private part on her private part; thereafter, he left the house. By the time Shanta returned to the prosecutrix had worn her clothes, left for her home and narrated the incident to her mother. On 31.3.2006, the incident was reported to the Police as Crime No.23/2006 of Yeoda Police Station, Dist.-Amravati. Investigation was undertaken. The appellant was arrested on 1.2.2006 (Exh.39). Consequent upon necessary investigation, he was charge- sheeted for the offence of rape and criminal intimidation.

(3.) To the charge (Exh.14), the appellant pleaded "not guilty" inasmuch as he denied the accusations and claimed trial.