ARVIND BHAGWANT DATAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order, dated 11.6.2010, rendered by the learned Additional Sessions Judge, Latur, in Sessions Case No. 74 of 2009, thereby convicting the appellant i.e. original accused for the offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer R.I. for 7 years and to pay fine of Rs.20,000/ , in default to suffer further R.I. of 1 year, and also convicting him for the offence punishable under Section 342 of the Indian Penal Code and sentencing him to suffer R.I. for 1 year and to pay fine of Rs.500/ , in default to suffer further R.I. of 15 days, and also directing that the fine amount be paid to the victim Mohini Hanumant Datal as compensation under Section 357 (1) of the Code of Criminal Procedure.

(2.) The factual conspectus and shorn of details of the prosecution case is as follows :

(3.) It is alleged that on 3.1.2009 at about 5.00 p.m. the complainant, namely Ranjana Hanumant Datal i.e. mother of victim Mohini and her husband had gone to the agricultural field for labour work and when the complainant returned to home, her neighbourer, namely PW7 Damayanti Shinde informed her that her daughter Mohini was washing the blood stained nicker and frock. Hence, the complainant made inquiry with her and she disclosed that the accused, namely Arvind committed rape upon her when she went to his shop to purchase the snacks. On inquiry, victim Mohini also stated that when she went to purchase snacks to the shop of the accused, he caught hold of her and pulled her into his shop and closed the door and committed intercourse upon her forcibly. Thereafter, the complainant along with her daughter went to Latur (Rural) police station. PW8 P.I. Ashok Patil was attached to Latur (Rural) police station on 4.1.2009 and the complainant Ranjana met him and she lodged the complaint, which was reduced into writing by him as per her narration, which is produced at Exh. 19 and the offence was registered against the accused on 4.1.2009 at about 1.15 a.m. under C.R. No. 2 of 2009 for the offences punishable under Sections 342 and 376 of the Indian Penal Code. Thereafter he sent victim Mohini for medical examination along with letter (Exh. 38), and went to the village of the complainant along with the victim and seized blood stained and white stained clothes of the victim in presence of the panchas under the seizure panchanama (Exh. 27). Thereafter, the victim showed the spot of the incident i.e. the shop of the accused and also pointed out the exact spot where rape was committed upon her therein and on inspection of the said spot, blood stains were found, which were taken on cotton swab and seized the same under the spot panchanama (Exh. 21). Moreover, the photographs of the said spot were taken, which were marked Article 'A'. Thereafter, the statements of witnesses were recorded.