PATIRAM TUKARAM TARONE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant/original accused has preferred this appeal against the Judgment and order dated 12th March, 2010 passed by the Additional Sessions Judge, Gondia in Special Criminal Case No. 24/2007. By the said Judgment and order, the learned Sessions Judge, convicted the appellant under section 363, 366-A, 377, 376(2)(f) of Indian Penal Code. For the offence under section 363 of Indian Penal Code he was sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/- i/d to suffer simple imprisonment for three months; for the offence under section 366-A of Indian Penal Code he was sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 500/- i/d to suffer simple imprisonment for three months; for the offence under section 376-F of Indian Penal Code he was sentenced to suffer imprisonment for life and to pay fine of Rs. 1000/- in default rigorous imprisonment for six months; for the offence under section 377 of Indian Penal Code to suffer rigorous imprisonment for three years and to pay fine of Rs. 500/- i/d rigorous imprisonment for three months; and for the offence under section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act he was sentenced to suffer simple imprisonment for six months and to pay a fine of Rs. 500/- i/d to suffer simple imprisonment for one month.

(2.) THE prosecution case, briefly stated, is as under :

(3.) THE star witness in the present case is the prosecutrix (P.W.2). At the relevant time, the prosecutrix was about eight years old. THE prosecutrix has stated that at about 11.00 am. Accused came to her house. He stated that he would give her a packet of biscuits. He took her on his bicycle to the jungle. Accused removed her clothes and also his clothes. THE accused tried to penetrate his private part in her private part and her buttock. THEre was bleeding from her private part. THE accused gave her one piece of cloth for cleaning blood. THEreafter, he left her near a bridge and went away. THEn she came back to her house and informed the incident to her mother.