VIJAYKUMAR GURUNATH PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by the original accused is directed against the order of conviction and sentence passed by the learned Additional Sessions Judge, Latur, dated August 18, 1980. The learned Additional Sessions Judge convicted the accused under section 376 read with section 511 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/-, in default, to suffer rigorous imprisonment for ten weeks.

(2.) The accused, a young boy of 18 years, of village Somnathpur, is alleged to have committed rape on a young girl of 7 or 8 years by name Kiran on October 28, 1979. It is the prosecution cases that victim Kirans mother Shantabai P.W. 1 was employed as a labourer on a construction of Balwadi in the village. She was showering water on the roof of the newly constructed building. Shantabais daughter Kiran was returning from the house of one Kamlabai. It is alleged that the accused accosted victim Kiran and took her to a dilapidated house and committed rape on her. Kiran raised voice and started shouting. P.W. 1 Shantabai, mother of Kiran heard the said noise and rushed to the said dilapidated house. She found that the private part of her daughter Kiran was exposed and there was some swelling on it. Shantabai P.W. 1 then took her daughter Kiran to Balwadi where one Nilwabai P.W. 5 and one Suman P.W. 7 were present and narrated the story that she had seen the accused going from the dilapidated house and that he had committed rape on her daughter. One Dr. Ravindra Somnathpurkar P.W. 6 then was proceeding towards the taluka place at Udgir. He was shown the condition of the victim Kiran. Dr. Somnathpurkar advised Shantabai to take the victim to a Civil-Hospital at Udgir. Shantabai along with her mother-in-law and brother-in-law took Kiran and had been to Udgir. P.W. 3 Gangadhar husband of P.W. 1 Shantabai was also found at Udgir. The said incident is alleged to have been narrated by Shantabai to her husband P.W. 3 Gangadhar. It is thereafter the girl Kiran P.W. 4 was examined by Dr. Mrs. Leela Loya P.W. 2. On examination Dr. Leela Loya prepared her report which is at Exhibit 17. The prosecution led the evidence of other witnesses and thereafter a charge-sheet under section 376 of the Indian Penal Code came to be filed against the accused.

(3.) The learned Magistrate, Udgir, framed a charge under section 376 read with section 511 of the Indian Penal Code and having found that the said offence was exclusively triable by the Court of Sessions, committed the accused to the Court of Sessions.