BANDU MADHUKARRAO INGOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal against the conviction under section 376 of the Indian Penal Code.

(2.) THE sentence imposed is of seven years rigorous imprisonment and fine of Rs. 2000/-, in default further R. I. for six months. The appellant-accused was about 22 years of age at the time of incident.

(3.) THE prosecution case as can be seen from the evidence of prosecutrix, P. W. 1 Shobha Mohan Jadhav is that on 23-11-1998 at 5. 00 p. m. she and one Jyoti were proceeding towards the house of prosecutrix from the field. Shobha was having a bundle of grass. The accused came from behind, threw away the bundle of grass and took Shobha to his field. Cotton plants were standing on the field. The accused made her lie down. He lifted her parkar and her underwear. He opened his pant and laydown on her person and he had sexual intercourse with her. As a result of this, there was bleeding from her private part and her clothes were stained with blood. She made hue and cry, but nobody was there. Jyoti was on the road. That, thereafter, she and Jyoti came to the house of Shobha narrated the incident to her mother. Thereafter Shobha, her mother Rukhmabai, her elder brother Suresh and uncle Devsingh went to the Police Station, where the F. I. R. was lodged.