YESHWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant/appellant is convicted of the offence punishable under Section 376 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of rupees five hundred in default to suffer further rigorous imprisonment for one month. The appellant is accused of having committed rape on his own daughter viz. Madhuri Kamble. The appellant was staying with his wife, three daughters and a son at village Kotamba, Tahsil: Seloo, District: Wardha. The victim/prosecutrix was studying in 10th standard in the year 2009. The appellant had sexual intercourse with her on numerous occasions. The first ever occurrence had taken place in the month of October, 2009 when the appellant had taken her daughter to a place called 'Mahakali'. It is alleged that he had committed sexual intercourse with his daughter forcibly without her consent on the way to Mahakali. Thereafter he continued to indulge into occasional sexual intercourse with his daughter at home also. This fact was known to wife of the appellant and she had scolded the appellant on many occasions due to his unacceptable conduct. It is alleged that once he had forcible sexual intercourse with his daughter during night time also when she was sleeping with her grandmother. The appellant had allegedly lifted her from the place she was sleeping and had sexual intercourse with her. Ultimately, the matter was reported to police. The complainant was sent for medical examination. The Medical Officer reported that hymen was found ruptured and her vagina admitted two fingers easily. It was the opinion of the Medical Officer that the complainant was used to sexual intercourse. On completion of investigation chargesheet was filed in the Court of Magistrate and was later on committed to Sessions Court.

(2.) Charge was framed against the appellant for the offence punishable under Section 376 of the Indian Penal Code. He pleaded not guilty to the charge and claimed to be tried. His defence was that his daughter was of easy virtue and she had illicit relations with one Mr. Bhasme. The appellant did not like the illicit relations of his daughter with Bhasme. Wife of the appellant was, however, supporting their daughter. Therefore, there was difference of opinion between the appellant on one hand and daughter and mother on the other hand. It is also the case of the appellant that he was attempted to be killed by his wife and daughter and therefore, he was cooking for himself separately in the same premises. He was not eating the food cooked by his wife and daughter.

(3.) The prosecution had examined in all three witnesses in support of its case. The statement of the appellant was recorded under Section 313 of the Code of Criminal Procedure.