RAVINDRA YOGIRAJ PAUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against the judgment and order of Special [Atrocity Case] No. 10/11 which was pending in the Court of Additional Sessions Judge, who was also working as Special Judge in respect of the case filed under Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989. The appellant is convicted and sentenced by the trial Court for offences u/s 376, 363 and 506 of I.P.C. and he is also convicted and sentenced for offence u/s. 3(i) (xii) of Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989. The maximum substantive sentence of 10 years R.I. is given to the appellant. Both sides are heard. Perused the record.

(2.) The accused was acquainted with the prosecutrix as he was parking the vehicle near her house and as he was visiting the house of uncle of the prosecutrix in connection with the work which the accused was doing by using tractor. The accused used to talk with the prosecutrix.

(3.) On 4/3/11, at about 7 a.m. when the prosecutrix was proceeding to her school by a bicycle, the accused intercepted the bicycle at a square where there is one auditorium. The accused was on motor cycle. The accused said to prosecutrix that prosecutrix should come with him otherwise, he would commit suicide and he would involve the parents of the prosecutrix in a false case. The accused was aged about 23 years at the relevant time. Due to threats given by the accused, the prosecutrix went with the accused on the motor cycle. From Beed, the accused took the prosecutrix to Yermala and from there, he took her to Osmanabad. At Osmanabad, the accused took a room on rent basis and he kept prosecutrix there for 10-12 days. In this room, the accused committed rape on prosecutrix on 2 occasions. On 16/3/11, the accused took the prosecutrix back to Beed. The accused allowed prosecutrix to contact her mother on mobile. Then, the mother of prosecutrix went to the house of accused and from there, she took the prosecutrix to her house. Prosecutrix narrated the incident to her parents and other relatives immediately after returning to home and then, prosecutrix was taken to police station. The report of the prosecutrix came to be recorded by police and the crime came to be registered for aforesaid offence on 17/3/12. Police referred the prosecutrix for medical examination. Doctor found that there was evidence of sexual intercourse.