(1.) THE present appeal assails the judgment and order dated 8th September, 2006 passed by the Second Ad -hoc Additional Sessions Judge, Kalyan, in Sessions Case No. 161/2004. The learned Sessions Judge convicted the Appellant -accused for the offence punishable under Section 376(2)(f) of the IPC, 1860 and sentenced him to suffer RI for 10years and to pay fine of Rs. 1000/ -, and in default, to suffer RI for 3 more months.
(2.) A step -daughter of the complainant Smt. Ashadevi Rathod residing at Barrack No. 740, Balkanji Bari, Ulhasnagar -3, District Thane, came weeping back home around noon time on 28th April,2004. The complainant noticed blood on the legs of her stepdaughter who is hereinafter referred to as the victim. She, therefore, checked private part of her stepdaughter and noticed blood stains on knickers. On inquiries, the victim disclosed that the Appellant -accused had called her to his house and under the pretext of playing had removed her knickers and slept on her. The victim was taken to the Central police station and thereafter, for medical examination to the Central Hospital, Ulhasnager, where she was medically examined and treated. Smt. Ashadevi Rathod thereafter lodged the complaint of rape on her step -daughter against the Appellant - accused with the police station. Crime was registered vide C.R. No. I -87/2004 under Section 376 of the IPC against the Appellant -accused around 18.30 on 28th April, 2004 with the Central Police Station, Ulhasnagar.
(3.) FOR the purposes of forensic investigation, clothes of the accused and the victim along with their blood samples and semen of the accused and vaginal swab collected by the medical officer from the person of the victim were sent to Forensic Science Laboratory with specific queries in relation to the commission of the offence. Report revealed the role of the accused in the crime and the charge sheet came to be filed against the Appellant -accused.