ANKUSH RAMU BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is aggrieved by the Judgment and order dtd. 13/2/1998 passed by the IV Additional Sessions Judge, Thane, in Sessions Case No.124 of 1997. The appellant is convicted for the offence punishable under Sec. 376 of Indian Penal Code (for short "IPC') and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.2,000.00 and in default to suffer further rigorous imprisonment for six months.

(2.) The case of the prosecution is that the victim girl aged about 14 years was taking education in school at Sagaon. She was staying with her maternal uncle at Wafa. On 22/10/1996 at about 10.00 a.m. she was proceeding to school alone. It is alleged that the appellant followed her, caught her and took her behind the bush and by threatening committed rape and ran away. The victim girl returned home and narrated the incident to her maternal aunt. Her maternal uncle had been to Shahapur and on his return, the incident was disclosed to him and the complaint was filed with Padgha Police Station vide C.R. No. I-157 of 1996. The appellant was arrested on 23/10/1996. Vide order 1/9/1997, he was granted bail by this Court during the pendency of trial.

(3.) Charge was framed on 29/8/1997 for offence under Sec. 376 of IPC. Trial proceeded. The prosecution examined seven witnesses.