DHYANESHWAR TULSIRAM KHOBRAGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for rape, criminal intimidation and attempt to kill the prosecutrix who was nine years old at the time of the commission of the crime. The prosecution had examined in all 12 witnesses in support of the charges. Vide impugned judgment, dated 22-9-1998, the learned Extra Joint District Judge and Additional Sessions Judge, Nagpur, found the appellant guilty for the offence under section 376 of the Indian Penal Code and sentenced him to suffer R. I. for seven years as also fine of Rs. 3,000/-, in default, R. I. for one year. The appellant was found guilty for criminal intimidation and sentenced to suffer R. I. for two years also fine of Rs. 1,000/- in default, to suffer R. I. for two months. The substantive sentences were ordered to run concurrently. The appellant was acquitted to the charge under section 307 of the Indian Penal Code. Benefit of undertrial period in terms of section 428 of Cri. P. C. was given. The appellant challenges his conviction and sentence before this Court.

(2.) THE prosecution case, in brief, is that on 8-10-1994 around 10. 00 a. m. , when the prosecutrix had gone for call of nature, the appellant caught hold her and threatened to kill her. The appellant fell her on the ground, tied her neck with string of her frock, removed his pant and sat over her. The prosecutrix had already removed her underwear to answer to call of nature. Thereafter the prosecutrix became unconscious. The blood was coming out from her private part. At that time the appellant again pressed her throat that if she would disclose the incident to any other he would murder her. She then came to her house and was unable to speak on account of the string tied around her neck. Her frock was stained with blood. She narrated the incident to her mother. The prosecutrix has identified the appellant as culprit.

(3.) THE case of the appellant is total denial and that he has been falsely implicated.