SADANAND KALYA PAGI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant accused has been convicted for an offence -punishable under Section 376 of Indian Penal Code, 1860 and sentenced to suffer rigorous imprisonment for five years and fine of Rs. 500/- in default to suffer imprisonment for three years by the learned Additional Sessions Judge, Palghar vide judgment and order dated 18th February, 1998 in Sessions Case No. 512/ 1996. Against the conviction and sentence, this appeal is preferred.

(2.) Prosecution case unfolded in the testimony of evidence of victim (PW-1) is as under;

(3.) Before appreciating the evidence of this witness, it may be stated that though the alleged incident had occurred on 4th January, 1993 at around 9 pm., report was lodged on 7th January, 1993. As it appears victim had no means to travel to police station at late hours and therefore, report could not be lodged immediately. Looking at the background of the victim and the place where the alleged incident had taken place, evidence justifying for not loding the complaint immediately is acceptable. However at the same time a fact cannot be ignored that there is no acceptable explanation for not lodging the complaint for two days i.e. on 5th and 6th January, 1993. The evidence of victim suggests that there was a police chowki on the outskirts of Village Chinchoti and it also appears victim had assumed and presumed that the police would not take any action on a complaint and therefore did not approached police for two days. This reason is not acceptable. Thus to be stated, the prosecution has not explained at all the delay of two days caused the filing the complaint, though alleged incident was a grave in nature. This circumstance has to be kept in mind, while appreciating victim s evidence. '