VISHNUDAS UDDHAO BHAGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The instant Appeal stems from the judgment and order dated 19th August, 2009 passed in Sessions Case No. 121/2008 by learned Sessions Judge, Chandrapur, whereby the appellant was convicted as under: While "S" tried to push the accused, she could not. After some time she succeeded to push the accused. "S" found sticky substance and blood oozing out from her private part. The accused asked "S" to wash her private part. Victim who was frightened to the hilt, washed it in the bathroom. The accused threatened "S" not to disclose the incident to anybody else she will be defamed. Victim who rushed outside, tried to contact by phone to her father from a nearby STD booth but her father was on duty and as such could not be contacted. Her School bag was inside the house of the accused. Hence she stood outside the house as she had no courage to enter in house. Later when mother of Prabodhini came, she asked the victim to come inside as it was drizzling and then gave clothes of Prabodhini to wear as clothes of the victim were wet due to incessant rain. Prabodhini who returned from the school, asked "S" as to why she did not attend the School. "S" told her that she was late and could not attend and thereafter narrated the incident to Prabodhini who went inside the house and All sentences were directed to run concurrently.

(2.) Facts briefly mentioned are : Victim school girl "S" (PW 2) who was born on 21.03.1993, was studying with Prabodhini (daughter of the appellant). On 8.7.2008 at about 11.30 a.m., she went to Prabodhini's house. Her father (accused) informed "S" that Prabodhini had gone to attend the School. At that time it was raining and, therefore "S" (victim) requested the accused to provide an umbrella to her. The accused told "S" that umbrella was taken away by Prabodhini and asked "S" to sit inside the house as it was raining. "S" went inside house and sat on the sofa. The accused then offered one book to "S" and asked her to go through the same and then asked her whether she wants water for drinking. "S" refused. The accused went ahead; closed the front door of the house by bolting it from inside. There was nobody else in the house. The accused came near "S", gagged her mouth and made her to lie down on cot, lifted his lungi by one hand, removed her inner-wear and inserted his private part in her private part. brought school bag and wet clothes of "S" and also narrated the incident to her mother. Mother of Prabodhini asked "S" not to disclose the incident to anybody, and then Prabodhini and her mother accompanied "S" to her house. As the accused had threatened "S", she could not disclose the incident to her mother. Later "S" disclosed it to her friends, Neha and her mother and Vedashree. After "S" returned from the school her mother inquired with her about the incident and she narrated it to her mother. Her mother had gone to question the accused about it but he was not at home. On the next day, mother of "S" along with few ladies again went to the house of the accused. In the evening "S" along with her parents proceeded to Police Station to lodge complaint. The Police had referred "S" to the General Hospital, Chandrapur for medical examination. Thereafter, statement of "S" was recorded. The incident was reported by Smt. Smita (PW 1), mother of the victim as FIR No.245/2008 on 12.7.2008 at Ramnagar Police Station in Chandrapur, who registered offences punishable under sections 342 and 376 of the IPC. API Shri. M. M. Dhande (PW 8) recorded complaint (FIR: Exh.32) and started investigation. He referred the victim girl for medical examination to General Hospital, Chandrapur. He arrested the accused on 12.7.2008 under arrest memo (Exh. 14) and sent him to General Hospital for medical examination. Shri. Dhande API recorded the statement of victim and visited the spot pointed out by the victim and prepared spot -panchanama (Exh.51). During the course of investigation, he received articles i.e. vaginal swab, blood sample, pubic hair on 13.7.2008 which were seized under Panchanama (Exh. 18) on 15.7.2008. He also received sample of blood, pubic hair of the accused and seized under Panchanama (Exh.21). The seized articles were sent to C.A. under forwarding letter (Exh.22) on 1.8.2008. C.A. reports were received (Exh.25 colly). The accused was charge-sheeted before the Chief Judicial Magistrate Chandrapur on 10.10.2008 who committed the case to the Court of Sessions on 4.11.2008.

(3.) Charge (Exh.5) for offence punishable under sections 376, 342, 201, IPC was read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.