CHANDRASHEKHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 22.1.2004, passed by Ad-hoc Additional Sessions Judge, Gadchiroli in Sessions Case No.22/2009 whereby the appellant was convicted for an offence under section 376(1) of the Indian Penal Code and sentenced to suffer R.I. for seven years and to pay fine of RS.2,000/-, in default to suffer R.I. for six months.

(2.) The prosecution case as unfolded in the first information report is thus: the accused was a teacher in a School at village Muska, tahsil Dhanora, district: Gadchiroli. Victim and her parents reside in the same village. They were acquainted with the accused. At the relevant time the age of the victim was 16 years. She had patches of leucoderma (white patches) on her forehead and hand. The accused suggested to her parents that he was acquainted with some doctor at Nagpur who would be able to provide treatment to the girl. Accused carried girl to Nagpur and for meeting the expenses of the treatment obtained Rs.2,000/- from her father. On the way to Nagpur they stayed in a lodge at Gadchiroli. It is alleged that in the night the accused had sexual intercourse with the girl. Thereafter she was carried to Nagpur and the doctor was consulted. After 15-20 days of this incident again the girl accompanied the accused for going to Nagpur. Since they could not meet the doctor they were required to make halt in the lodge in the night. Again the accused had sexual intercourse with the girl. She conceived form him. Ultimately, on 28.8.1997 the first information report came to be lodged and on that basis the offence under section 376 of Indian Penal Code came to be registered.

(3.) Victim was examined by the Medical Officer. She was found carrying fetus of 22 weeks. Her radiological examination revealed that she was in between 16-18 years of age. After investigation the charge sheet was submitted. The Additional Sessions Judge framed and explained the charge to the accused. He pleaded not guilty and claimed to be tried. The prosecution examined 7 witnesses. After considering the evidence, learned Additional Sessions Judge held that sexual intercourse committed by the accused with victim was against her will. He therefore, proceeded to convict and sentence him as stated above.