VILAS SAHEBRAO GILBILE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction passed by the Additional Sessions Judge, Osmanabad in Sessions Case No. 47/2010 whereby he convicted the appellant, who was the sole accused in the said case, of offences punishable under section 376 of the Indian Penal Code and section 323 of the Indian Penal Code. The learned Additional Sessions Judge imposed a sentence of rigorous imprisonment for seven years and a fine of Rs.7,000/- with respect to the offence punishable under section 376 of the Indian Penal Code and a sentence of fine of Rs.500/- with respect to the offence punishable under section 323 of the Indian Penal Code. The learned Additional Sessions Judge imposed default sentences in the event of failure to pay the amount of fine.

(2.) The prosecution case as was put-forth before the trial Court, may, in brief, be stated as under. The prosecutrix (name not mentioned so as to avoid disclosure of identity) is a resident of village Shekapur. She is a widow. Her husband had died about nine years before the incident, which took place on 10/02/2010. The prosecutrix has one son and one daughter. The prosecutrix works in the field of her father-in-law Haridas (P.W.2) for her livelihood. This field is situated about 3 to 4 k.m. away from village where the prosecutrix resides.

(3.) That, on 10/02/2010, the prosecutrix had, at about 10.00 a.m., gone to the field as usual. There was crop of jawar, cotton etc. in the field. The crop was to be watered. The prosecutrix gave fodder to the cattle. At about 5.30 p.m. when she was still in the field, the appellant (hereinafter referred as "the accused") came near her. The accused is related to the prosecutrix as her cousin father-in-law. The accused asked the prosecutrix as to where was Gul Bhendi Hurda (xqG Hks a Mh gqjMk ). The prosecutrix told him that it was in the crop of jawar. The accused then went there and from there, he asked the prosecutrix to show where was the Hurda. The prosecutrix went there and while she was searching for Hurda, the accused pulled her sari. When she tried to release the same, the accused fell her down by kicking her. The prosecutrix sensed the motive of the accused and told him that she would report the matter to his brother Sarpanch Balasaheb. The accused then pressed mouth of the prosecutrix by his hand, sat on her person and committed rape on her.