SUDAM RAMNATH SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant by this Appeal challenges the judgment and order dated 18/01/2016 passed by Additional Sessions Judge, Nashik convicting the appellant (original accused) for the ofence punishable under section 376(2)(f) of the Indian Penal Code ('IPC' for short) and sentencing him to sufer rigorous imprisonment for life and to pay fne of Rs.30,000/-, in default of payment of fne, to sufer rigorous imprisonment for two years.

(2.) The FIR - Exhibit 17 was registered by Lata (P.W.1), grandmother of the victim. The victim was about 3 years and 8 months of age on the date of the incident. P.W.1 - complainant lodged report on 13/09/2014. P.W.1 was residing along with her husband, son, daughter-in-law and the victim - grand daughter. The incident took place on 12/09/2014 and it occurred around 3.00 p.m. The victim went in the hotel (dhaba) while playing. P.W1 is the owner of the hotel which is just in front of her residence. The victim girl came home with a mobile phone. The accused told P.W.1 that the phone belongs to him and he had given the phone to the victim to play. Then P.W.1 carried on with her work. 10-15 minutes thereafter, P.W.1's husband came from the agricultural feld and enquired whereabouts of victim. P.W.1 informed him that she is playing in front of the house. The victim, however, was not found, therefore they searched for her. P.W1 went towards the agricultural feld. She heard noise of weeping from the agricultural feld. The same was of her granddaughter - the victim. At that time, P.W.1 saw the accused running from the feld towards the road.

(3.) The victim had sufered injuries on her waist and blood was oozing from her private part. There were no underclothes on her person. P.W.1 made enquiry with the victim, but she was too terrifed to disclose anything. The victim was taken to the hospital of Doctor Chandurkar in village Nandur, Shingote. The victim was examined by Dr.Anita Satish Kanitkar (P.W.5). P.W.5 suspected that the said injuries might be due to sexual assault on victim. P.W.5 prescribed medicines. The prescription is at Exhibit 39. P.W.5 suggested that the victim should be taken to the civil hospital.