ANIL NATHUJI MAHURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction dated 2nd June, 2000 passed by the learned 2nd Additional Sessions Judge, in Session Trial No. 3 of 1997, whereby the appellant has been convicted of the offence punishable under section 376 of Indian Penal Code, and sentenced to undergo rigorous imprisonment for eight years and to pay fine of Rs. 5000/- (Rs. five thousand only.) and to undergo further rigorous imprisonment for six months in case of non-payment of fine, with further direction that if the amount of fine is deposited Rs. 3000/- will be paid to the prosecutrix on account of compensation.

(2.) BRIEFLY stated the prosecution case is as under:---The appellant is a teacher employed in Zilla Parishad, High School at village Sukdi (Dakram ). The prosecutrix Pushpa P. W. 1 was student of said school taking education in 9th standard. The incident is said to have occurred on 18-9-1996 at about 2. 00 p. m. during the recess of the school. It is alleged that the prosecutrix went to her house and took lunch and cleaned the utensils and while she was keeping utensils, that time all of a sudden the appellant had come, he had closed front as well as back door of the house, caught hold of her, flunged her on the ground and committed rape on her. Immediately after the incident, the prosecutrix narrated the same to P. W. 2 Panchfulabai Shende, who was her neighbour. At about 6. 00 to 6. 30 p. m. the father of prosecutrix had returned to home. The entire incident was narrated by her to him. Then she accompanied with her father had gone to the Police Patil and disclosed the incident to him also. Police Patil had scribed the report as per the information supplied to him by the prosecutrix and her father P. W. 3 Tejram. The said report was carried by the prosecutrix and her father to Police Station, Tirora in the same night and lodged it at about 1. 00 a. m. of 19-6-1996. On the basis of that oral report and the first information report, the offence was registered against appellant under section 376 of Indian Penal Code. The prosecutrix was sent to the Medical Officer P. W. 4 Prashant Waindeshkar, Rural Hospital, Tirora, for medical examination. P. W. 8 A. P. I. Ramesh Tayade took up the investigation of this crime, he drew spot panchanama, seized the clothes of the prosecutrix and recorded the statements of witnesses.

(3.) IT is alleged that on 26-9-1996 the accused was arrested by the Investigating Officer and he was also forwarded to the Medical Officer for medical examination and his clothes compromised of Fullpant, Baniyan etc. , were seized. On 1st October, 1996 all the muddemal articles seized by the Investigating Officer were forwarded to the chemical analyser, Nagpur, for the purpose of chemical analysis and after completion of investigation, charge-sheet was filed in the Court of Judicial Magistrate, First Class, who committed the case to the Court of Sessions to stand his trial according to law.