RAJU @ PRALHAD VITTHAL NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant/Accused Raju alias Pralhad Vitthal Naik was convicted for the offence punishable under Section 376(2)(i) of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for 15 years and to pay fine of Rs 5,000/- and in default of payment of fine to suffer simple imprisonment for one month.

(2.) Facts as are necessary for deciding the present appeal are as under:-

(3.) The complainant Maya P.W.1 - mother of the victim, was residing with victim who was six years old at the relevant time i.e. on 08/02/2013. Since the victim girl was not keeping well, she had not gone to School. The complainant, in view of the above, had also not gone for work. Her husband i.e. father of the victim went for agricultural labour work. The victim girl was playing in adjoining area when the Appellant/Accused lured the victim by offering her chocolate and other eatables and committed rape. It is also claimed that the Appellant committed an offence punishable under Section 377 of the Indian Penal Code by inserting his private part in the mouth of the victim girl. It is also alleged in the complaint-Exhibit-11 that the Appellant/Accused knowing fully well that the victim belongs to Scheduled Caste ("Mang" caste), outraged her modesty as woman. After receipt of the complaint by P.W. 7 - Vitthal Shivaji Darade, PSI, the offence bearing No. 20/13 punishable under Sections 376(2)(f) , 377 of the I.P.C. and 3(1),(ii),(iii),(x) and (xi) and 3(2)(v) of the S.C. & S.T. Act and Sections 4, 5 and 6 of the POCSO Act came to be registered. The victim girl was referred for medical examination with her grand mother. The clothes of the victim girl which she was wearing at the time of offence were seized vide seizure panchanama- Exhibit-16 and accordingly the investigation was set in motion.