BALU KUNDALIK PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this appeal challenging the judgment and order dated 25.7.2013 passed by the learned Special Judge (Atrocities Act), Raigad at Alibag passed in Special Criminal Case No.5/2013. By the impugned judgment and order, the appellant was convicted for commission of the offence punishable under Section 376(2) and was sentenced to suffer life imprisonment and to pay a fine of Rs.5,000/-; and in default of payment of fine he was sentenced to suffer further RI for one year. The appellant was further convicted for commission of the offence punishable under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "Atrocities Act ") and was sentenced to suffer RI for five years and to pay a fine of Rs.5,000/-; and in default of payment of fine to suffer further RI for one year. The sentences were directed to run concurrently. On depositing of the fine amount, Rs.9,900/- was directed to be paid to the mother of the victim. The appellant was given set-off for the period which he had undergone since the date of his arrest i.e. from 21.11.2010. The District Special Social Welfare Officer, Raigad-Alibag was directed to pay compensation of Rs.1,20,000/- to the victim 's mother as per the schedule annexed to Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. He was also directed to pay the travelling allowances and daily wages of the victim and her parents in visiting the office of the investigating officer and he was also directed to make arrangement for rehabilitation of the victim.

(2.) The prosecution case, in brief, is as follows:

(3.) During trial, the prosecution examined PW-1 Dr. Sachin Ajamera, who had conducted medical examination of the victim. He was working as Medical Officer at Vashi General Hospital. PW-2 Narendra Parulekar was a pancha for two panchnamas under which the clothes of the appellant as well as the victim were seized on 21.11.2010 and 20.11.2010 respectively. Similarly, he was also a pancha for the spot panchnama of the house of the appellant. Those panchnamas are produced on record at Exhibits-24, 25 and 26 respectively. PW-3 Dr. Swati Naik had conducted medical examination of the appellant on 23.11.2010. She was attached to Rural Hospital, Panvel. PW-4 was mother of the victim. She had lodged the FIR vide C.R. No.498/2010 at Panvel City Police Station on 19.11.2010. It was lodged at 9:45 p.m. PW-5 Dinkar Kadam was the Assistant Police Inspector attached to Panvel City Police Station. He had conducted initial part of the investigation when clothes were seized, spot panchnama was carried out and articles from the spot were collected. PW-6 Assistant Commissioner of Police Shri Pralhad Sandansiv was examined as the investigating officer. He had carried out the investigation and had filed chargesheet. He had arrested the appellant on 21.11.2010. He had collected the caste certificate of the victim 's father, which is produced on record at Exhibit-23. The caste certificate of the appellant 's brother was produced at Exhibit-53. The appellant was belonging to 'Agri ' caste. PW-7 was the victim girl herself. The C.A. reports were also produced on record vide Exhibits-50, 51 and 52.