RAMCHANDRA KARNU TALANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was tried for rape of the prosecutrix and for rash and negligent act resulting in her death under sections 376 and 304-A of the Indian Penal Code. Charge was later on also framed against the appellant for murder under section 302 of the Indian Penal Code. The prosecution had examined in all ten witnesses in support of the charges. The learned Sessions Judge, Chandrapur, vide judgment dated 19-5-1998 acquitted the appellant of the charges of murder under section 302 of the Indian Penal Code and also for rash and negligent act under section 304-A of the Indian Penal Code. However, he convicted the appellant for the offence of rape and sentenced to undergo R. I. for seven years and to pay fine of Rs. 1,000/-, in default, R. I. for three months. The benefit of set off under section 428 of Cri. P. C. was given to the appellant. The appellant has challenged the said conviction in this appeal.

(2.) THE prosecution case, in brief, is that the prosecutrix had gone to the forest for fire wood. Some of her companions went ahead and she took lift in tractor driven by the appellant who took her to the jungle and raped her. The prosecution case, further, is that the appellant tried to crush the prosecutrix under the tractor and actually took the tractor over her. The prosecution case further is that the appellant left the prosecutrix at her residence. The prosecutrix made oral dying declaration to Geeta (P. W. 1) and Kamlabai (P. W. 2) that the appellant had committed rape on her. According to the prosecution case, after making the statement before the said witnesses, the prosecutrix became unconscious and later died. The husband of the prosecutrix namely Laxman (P. W. 8) also states that the prosecutrix had told him that the tractor driver raped her but he did not mention this fact in F. I. R. because he did not want to defame the prosecutrix.

(3.) THE appellant denied to have raped her, but he stated that when he was driving the tractor the deceased gave a signal to him and sought lift and accordingly he asked her to sit in the loaded trolly. She sat down on the heap of Tur stem in the trolly from where she fell down after the tractor had moved. He stopped the tractor, lifted her, put her in the trolly and reached her in her house. According to him, he was falsely implicated in the case of rape.