BANDU @ DAULAT Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) The appellant has been convicted for the offence punishable under Section 376 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/-, in default, R.I. for one year. He feels aggrieved by the said judgment and order of the learned trial Court and has, therefore, moved this Court by filing the present Appeal. The appellant was prosecuted for the offences punishable u/s. 376 of the I.P.C. and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He has, however, been acquitted of the offence punishable u/s. 3(1)(xii) of the Atrocities Act, 1989.

(2.) The victim-girl by name, Pooja was staying with her parents in the area known as 'Gumgaon'. The appellant is also a resident of the same village. The parents of the victim-girl were earlier tenants of the appellant. After leaving the premises of the appellant, they had been staying in the same village near the house of the appellant.

(3.) The victim girl was a deaf and dumb and was mentally retarded to some extent. It is alleged that taking advantage of these weaknesses of the victim-girl, the appellant had taken her to a nearby place and had a sexual intercourse with her. After the incident, Pooja was found in the Bazar and she was taken to her house by two of the villagers. Pooja narrated the incident through gestures. The matter came to be reported to police and the First Information Report was registered.