NIRANJAN DHARMA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has filed this appeal so as to challenge the judgment and order dated 15 th January, 2007 passed by the learned Ad hoc District Judge 2 and Additional Sessions Judge, Raigad, Alibag (For short the learned trial Judge) in Sessions Case No.56 of 2006. By the aforesaid judgment dated 15 th January, 2007, the appellant is convicted under Section 376 of the Indian Penal Code (for short, IPC ) and sentenced to suffer R.I. for 10 years with fine of Rs.2,000/ . It is ordered that in default of payment of fine, the appellant has to undergo R.I. for 1 month. It is also ordered that the appellant shall pay compensation of Rs.5,000/ to the victim girl by name Pratiksha.

(2.) The prosecution case in gist is as under : On 27 th December, 2005 Pratiksha the victim girl (hereinafter referred to as the said girl ) had gone to the house of the appellant. The appellant is alleged to have committed rape on the said girl. After the incident, the said girl narrated the incident to her brother Sachin PW 4. In the evening, Pushpa PW 1 i.e. the mother of the said girl, came home after her work was over. Said girl informed Pushpa PW 1 by action as to how she was dealt with by the appellant in the morning. It is to be noted that the said girl is deaf and dumb. She is suffering from down syndrome with mild mental retardation. On learning the event which had taken place qua the said girl at the hands of appellant Pushpa PW 1 filed complaint with Mahad Taluka Police Station on 29.12.2005.

(3.) On the basis of the text of the complaint, crime was registered vide C.R.No.40/05 u/s. 376 (1) of the IPC against the appellant for having had sexual intercourse with the said girl against her wishes. Said F.I.R. is marked as Ex.9/C. After the lodgement of the F.I.R., investigation was carried out by Damodar Rajaram Choudhary PW 12, Police Inspector attached to Mahad Taluka Police Station. Said girl was sent for medical examination and she was examined at Civil Hospital, Alibag. About her medical examination, Dr.Ashok Madhar Ingale is examined as PW 3. Similarly Dr. Abhay Kantilal Challani PW 10 and Dr. Rajendra Yadavrao Shirsat PW 11 have been examined by the prosecution in regard to the health of the said girl.