(1.) THIS appeal is directed against the judgment and order passed by Shri Velati, Additional Sessions Judge, Chandrapur, on 19-2-1987 in Sessions Case No. 107 of 1985, convicting the appellant/accused for the offence punishable under section 376 of the Indian Penal Code and sentencing him to suffer R. I. for 3? years and to pay a fine of Rs. 200/-, in default, further R. I. for 3 months.
(2.) THE facts giving rise to the prosecution are in nutshell as under. The appellant/accused Suryakant Yadao Gaikwad and the prosecutrix Ku. Rekha were living in the same village Yellapur within the jurisdiction of Gadchandur Police Station, Tahsil Rajura, District Chandrapur. On 29-10-1985 Ku. Rekha was living in the field house near village Yellapur with her parents, brothers, etc. On the day of incident i. e. on 29-10-1985, after sun set, Rekhas mother had sent Rekha to purchase kerosine oil at Village Yellapur. According to her, she had gone in the village and purchased kerosine oil from the shop of one Mahendra Malkuji Kamble. After purchasing kerosine oil and salt, Rekha was returning to her field house through a road leading from village Yellapur to Meriguda, which is known as Meriguda road. When the prosecutrix travelled half of the distance, accused came from behind, caught hold her hands and asked her to allow him to have a sexual intercourse. She got afraid and tried to release her hand. She screamed "dhava". The accused pressed her mouth and forcibly fell her down. The bottle of the kerosine oil and the packet of salt fell from her hands. Accused made her to lie down flat on the ground and raped her. She shouted. On hearing her screams, her brother Baliram (P. W. 9) came running. On seeing Baliram coming, the accused left her and started running. The semen of the accused had fallen on her petticoat. Baliram the brother of the prosecutrix, chased the accused and caught him. There was a scuffle between the two. Ultimately, Baliram and others took the accused to the house of Police Patil. Police Patil, Rekhas father and other then went to Police Station and lodged the report about the incident. On the report of Rekha, an offence was registered against the appellant/accused under section 376 of the Indian Penal Code. After the investigation, the charge-sheet was filed in the Court J. M. F. C. , Rajura, who committed the same to the Court of Sessions Judge, for trial.
(3.) ACCUSED pleaded not guilty to the charges framed against him. The defence of the accused as per his statement recorded under section 313 of the Cri. P. C. , is that the dispute in respect of the field, is going in the Court, of S. D. O. , Rajura, between the father of Rekha on one hand and his father on the other. According to him, on the date of incident, while accused was going to his field, Balu, Ramesh, Bali, Mahadeo, Nimbaji Sable beat him due to old enimity. It is submitted by the accused that there is a dispute between him and Nimbaji in respect of Dhura. Therefore, according to him, he falsely implicated in this case.