DAMODHAR RAMBHAU INCHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the conviction and sentence awarded by learned Additional Sessions Judge-5, Aurangabad in Sessions Case No. 102 of 2008 on 21.11.2009, convicting the appellant (original accused) herein for the offence punishable under section 376(2)(f) of the Indian Penal Code and sentencing him to suffer Rigorous Imprisonment for ten years and to pay fine of Rs. 1,000/-, in default of non-payment of fine to suffer further Rigorous Imprisonment for two months; and also convicting him for the offence punishable under section 342 of the Indian Penal Code and sentencing him to suffer Rigorous Imprisonment for one year and to pay fine of Rs. 500/, in default of non-payment of fine to suffer further Rigorous Imprisonment for one month. Both the said substantive sentences were to run concnurrently.

(2.) The factual matrix of the prosecution case can be summarised as under :-

(3.) It is the prosecution case that on 9.1.2008 PW 1 Eknath had gone to Pawar Vasti to attend last rites of her cousin father-in-law, as well as his wife PW 4 Sunita had also left the house for agricultural work in the adjacent land with other women. During this period, their daughter i.e. victim was in their house. It is also alleged that daughter of the accused had handed over key of their house to the victim to be given to the accused when he would come. It is further alleged that PW 4 Sunita, while doing agricultural work in the field, heard hue and cry of her daughter i.e. victim at about 1.00 p.m. Hence, she rushed towards her house. She also heard cry from the house of the accused. Hence, she rushed towards the house of the accused and went inside the house of the accused and saw victim and accused together and victim was crying and her nicker was blood stained. Hence, PW 4 Sunita inquired with the victim. Thereupon victim disclosed that she had been to the house of the accused to give key of his house, but accused caught hold of her hand and dragged her inside the house and made her to lie flat on the ground and removed her nicker, as well as he removed his dhoti and inserted his penis in her private part. Hence, PW 4 Sunita examined private part of the victim and found bleeding injury. Thereafter PW 4 Sunita took her daughter victim towards PW 1 Eknath and narrated the whole incident to him. Thereafter PW 1 Eknath, PW 4 Sunita along with victim went to Osmanpura Police Station and lodged the complaint at about 5.15 p.m. on the said date and C.R. No. 16 of 2008 was registered against the accused herein for the offences punishable under sections 376(F) and 342 of the Indian Penal Code.