LAHANU WAMAN KHARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the conviction and sentence imposed upon the appellant for the offence punishable under Section 417 of the Indian Penal Code. It appears that the appellant herein (hereinafter called as the accused ) was charged for the offences punishable under Sections 376 and 420 of the Indian Penal Code for having cheated and committed rape on the prosecutrix, namely Saraswati Kharde and he faced the trial for the said charges in Sessions Case No. 59 of 2000, but the learned Additional Sessions Judge, Sangamner by the judgment and order dated 17.2.2001 convicted him for the offence punishable under Section 417 of the Indian Penal Code and sentenced him to suffer R.I. for 8 months and to pay fine of Rs.500/ , in default to further suffer R.I. for one month; whereas he was acquitted for the offence punishable under Sections 376 and 420 of the Indian Penal Code.

(2.) The facts and events, which gave rise to the present appeal, are briefly stated as follows :

(3.) PW5 P.I. Ramesh Athawale, who was attached to Taluka police station, Sangamner at the relevant time, registered the offence on the basis of complaint lodged by the complainant PW3 Saraswati and criminal law was set into motion and the investigation was commenced with. Accordingly, PW5 P.I. Athawale prepared the panchanama of scene of offence (Exh.9) in presence of PW1 Rohidas Sable and PW2 Salba Borhade. Moreover, he sent PW3 Saraswati to the Medical Officer for examination. PW6 Dr. Rajiv Ghodake examined the victim i.e. the complainant on 16.11.1995 and he also took X rays of the complainant and according to the X rays, the age of the victim was between 16 to 18 years. The said doctor found her pregnant for about 36 weeks. PW5 P.I. Athawale recorded the statements of her parents and also statements of some other witnesses on 17.11.1995 and arrested the accused on 18.11.1995. On the same day, the complainant delivered a male child in Civil Hospital, Ahmednagar and Dr. Ghodake issued the certificate to that effect (Exh.22).