BHAIYYA SUBHASH PANPATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against judgment and order of Sessions Case No. 40/2011, which was pending in the Court of Additional Sessions Judge, Dhule. The appellant is convicted and sentenced for offences punishable under sections 363 and 376 of Indian Penal Code. Both the sides are heard. This Court has already confirmed that the Presiding Officer was vested with the powers of Additional Sessions Judge when she delivered the judgment as the Presiding Officer has mentioned her post as Assistant Sessions Judge.

(2.) In short, the facts leading to the institution of the appeal, can be stated as follows :-

(3.) On 22.9.2010 at 10.00 a.m. when the prosecutrix and her younger brother were at home, the accused came there. The mother of the prosecutrix had already left home for doing labour work and no other person was present in the house. The accused gave promise of marriage to the prosecutrix by saying that he wanted to marry her. Accused then said that he wanted to take her for a trip. By saying so, he took the prosecutrix away from her house in one auto-rickshaw. The accused took the prosecutrix first to his friend Pawar. On the request made by accused, Pawar requested his brother-in-law Shri. Walvi, who is resident of Taloda to allow the accused to live in the house of Walvi for few days.