SHIVAJI SURYABHAU GIRE Vs. SLATE OF MAHARASHTRA

JUDGEMENT

(1.) THE question arises whether the finding of the learned IV Additional Sessions Judge, Ahmednagar convicting the accused-appellant under Section 376 of the Indian Penal Code is justifiable on the evidence adduced by the prosecution.

(2.) THE prosecutrix Shantabai is a grown up lady. She is married having two children. She is the second wife of one Kashinath, whose first wife is Kadubai. She resides with her husband and cowife. The appellant-accused is well acquinted with her and possesses a land nearby the land of her husband.

(3.) THE prosecution case was that on February 27, 1987 at about 1 P. M. prosecutrix was proceeding to her field to supply water to sugar-cane from the well. When she was proceeding along the bandh, according to the prosecution, the accused had caught hold her and dragged her in his field where there was sugarcane crop. It has been alleged that Shahtabai resisted not only to the act of the accused in dragging her to the field, but she also shouted when she was actually caught hold on the bandh. She was, however, helpless, because, according to her, the accused by taking her in the field made her to lie down and after taking out his under-wear committed forcible sexual intercourse on her.