DILIP SURESH DEOKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment of conviction and order of sentence dtd. 6/8/2019 passed by learned Sessions Judge, Biloli, in Sessions Case No.2 of 2014. The appellant herein has been convicted for the offence punishable under Sec. 376 of Indian Penal Code and therefore, sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.2,000.00. In default of payment of fine, he has been directed to undergo rigorous imprisonment for fifteen days.

(2.) The facts giving rise to the present appeal are as follows:- PW 4 - S (victim) was resident of village Sawali, Tq. Biloli. The appellant was also resident of the very village. It so happened that the victim had been to Laxmi Gudi temple to bring firewood. It was 4.00 p.m. of 19/3/2019. When she was collecting firewood, the appellant came from behind and pressed her mouth. He lifted her and took in a nearby cotton field of one Abarao Sangnod. He made her lie on the ground and removed her saree. He then had sexual intercourse with her without her consent and against her will. He then ran away. The victim came home. She related the incident to her mother-in-law and the husband as well. She, thereafter, lodged FIR (Exh.40.) at Biloli Police Station.

(3.) Based on the FIR, crime vide C.R. No.23 of 2013 came to be registered. The victim was medically screened. The appellant was arrested. The scene of offence panchnama was drawn. The clothes on the person of both appellant and victim at the relevant time, were taken charge of under panchnama. The seized articles were sent to the Forensic Science Laboratory. The C.A. reports were received. The statements of the persons acquainted with the facts and circumstances of the case were recorded. The appellant was proceeded against by filing the charge sheet.