GORAKH DAJI GHADGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant before us is the original accused in Sessions Case No. 11 of 1976 on the file of the Additional Sessions Judge at Pune. He was charged with having committed offence under Sections 366 and 376 of the Indian Penal Code. He pleaded 'not guilty' and came to be tried. By an order and judgment, dated 20th of April 1976, the learned Additional Sessions Judge, Pune, convicted the accused under section 376 of the I.P.C. and sentenced him to suffer R.I. for 7 years and pay a fine of Rupees 1,000/- in default to suffer further R.I. for six months. Being aggrieved by the said order and judgment, the appellant has preferred this appeal.

(2.) The facts, according to the prosecution, are that the accused hails from village Tamber Wadei, Taluka Ansa, District Osmanabad. That the accused was married. That on 30th of July, 1962, a child was born of this wedlock, being Kusum (the prosecutrix in this case). That when Kusum was about one year old, her mother passed away and she was then brought up by her grand-parents.

(3.) It is the prosecution case that thereafter, the accused shifted to Satara. That he remarried and had children from the second marriage also. It is the prosecution case that when Kusum reached the age of about 10 years, her grand-parents took her to Satara and handed her over to the accused.