(1.) By this appeal, the appellant challenges the Judgment and Order passed by the Sessions Judge-4, Pune dated 8th December, 2008 thereby convicting the appellant for offence punishable under Section 376(2)(f) of the Indian Penal Code and sentencing him to suffer R.I. for 10 years and to pay fine of Rs. 1000/- i.d. to suffer further R.I. for 3 months in Sessions Case No. 462 of 2008. Such of the facts which are necessary for the decision of this appeal are as follows:
(2.) It is the case of the prosecution that on 21/2/2008 at about 8 a.m., the complainant was washing utensils in front of her house, Gayatri was playing close by. The appellant who was residing in the neighbourhood of the complainant offered to take Gayatri alongwith him to his newly constructed house. Initially, the complainant had refused to permit him to take Gayatri. Subsequently, she agreed on the assurance that he would bring her back within 5 minutes. The accused appellant did not return for about an hour. Hence, the complainant went to the house of accused/appellant to fetch Gayatri. She heard the crying of Gayatri and the accused appellant consoling her. The complainant pushed open the door of the house of the appellant. To her surprise, she found Gayatri lying on the floor. Her under garments were removed. The accused/appellant had also denuded himself of his pants and was attempting to ravish her. The complainant pushed the accused aside and found that the blood was oozing from the private part of Gayatri. The complainant then narrated the incident to two persons namely Vilas and Anil Naikwadi who were passing from the road in front of her house. Thus, two persons had also questioned the accused as to how he could indulge into such a heinous act. The accused/appellant had admitted the guilt and sought apology. The complainant then applied oil to the private part of Gayatri. Her son Subhash returned home at about 4 p.m. Subhash had disclosed to his mother that while he was on his way to his house, the accused and his wife had threatened him not to disclose about the incident to anyone and therefore, Subhash was in a frightened condition. Subhash had left the house and did not return for two days. On 23rd February, 2008, the complainant reported the said incident to respectable persons in the village namely, Shridhar Gawde and Shankar Gawde. Both of them were members of Tanta Mukti Samiti. They called a meeting. The accused was summoned before the said meeting. He remained present and admitted the guilt. The complainant was assured by the committee that the matter would be settled. On 25/2/2008 she met her brother-in-law Raju Shete who advised her to lodge a report at police station and therefore, she lodged a report at the police station at Otur, on the basis of which Crime No. 9 of 2008 was registered.
(3.) The victim was referred to Sassoon hospital for medical examination. The accused was arrested on 25th February, 2008. After completion of investigation, the charge-sheet was filed on 22nd May, 2008. The case was committed to the Court of Sessions and registered as Sessions Case No. 462 of 2008. The prosecution examined seven witnesses to bring home the guilt to the accused.