LAXMAN JANU KOKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal against conviction filed by the Appellant who is convicted under Section 376(f) of the I.P.C and sentenced to suffer Rigorous Imprisonment for 10(ten) years and to pay fine of Rs.2000/ and in default of payment of fine to suffer further Rigorous Imprisonment for one month under the judgment in Sessions Case No. 03/2005 passed by the Ad Hoc Additional Sessions Judge 2, Raigad Alibag.

(2.) The case of the prosecution is that on 9 th July 2004 the victim child, who was of about 9 years at that time, was going to school in the afternoon recess. She was enticed by the Appellant with a chocolate and shev and dragged into a field under a tamarind tree where she was sexually assaulted, as described by the victim child. After the incident the victim child continued her journey to school. She was bleeding. Blood was noticed by her classmate who reported to her teacher. She was sent back home. She came home and slept. She woke up when her sister arrived. She was asked what happened to her and she narrated her story to her sister who was then 17 years old. She lived with her siblings as her mother had expired and her father lived separately. Her sister took her to the police station and lodged the complaint.

(3.) Upon the complaint being registered the victim child was sent to the Doctor in Alibag hospital for medical examination. The Doctor prepared her report/certificate upon examination of the victim child which has been produced in the evidence of the Doctor. On the next day she went with her sister in search of the accused.