DADA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants feel aggrieved by the judgment and order passed by learned Ad hoc Additional Sessions Judge, Amravati in Special Atrocity Case No. 24 of 2009 on 20th May, 2010. Appellant No. 1 Dada @ Shrikrishna Deepak @ Vijay Rathod has been convicted for the offence punishable under Section 376 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for seven years and to pay fine of rupees two thousand in default to suffer rigorous imprisonment for six months. Appellant No. 2 Darasingh Rathod and appellant No. 3 Laxman Chavhan have been convicted for the offence punishable under Section 354 read with Section 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for two years and to pay fine of rupees two thousand each and in default to suffer rigorous imprisonment for six months each. The appellants were tried for the offences punishable under Section 376(2)(g) of the Indian Penal Code and Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned trial Judge has acquitted of the appellants of the offence punishable under Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. He has also acquitted appellant Nos. 2 and 3 of the offence punishable under Section 376(2)(g) of the Indian Penal Code. Appellant Nos. 2 and 3 as already stated have been convicted for the offence punishable under Section 354 read with Section 34 of the Indian Penal Code.

(2.) The appellants are residents of village Chandur Railway, District: Amravati. The victim girl by name Swati Suresh Nitnaware was also resident of the same village. She was staying in the same village along with her family members.

(3.) The incident had occurred on 13th March, 2009. The victim/complainant Swati had gone to answer the nature's call at about 6.30 pm in an open place which is commonly known as 'Godri'. It is alleged that appellant No. 1, accompanied by appellant Nos. 2 and 3, suddenly reached there and that appellant No. 1 had gagged her mouth so that she should not shout. When she attempted to raise alarm, the appellant No. 3 Laxman Chavhan beat her by means of a stick. The appellants thereafter had dragged the complainant to open land adjoining the road. It is alleged that appellant No. 2 Laxman Chavhan held hands of the complainant and appellant No. 3 Darasingh held her legs and that appellant No. 1 had removed her clothes. Appellant No. 1 had forcible sexual intercourse with the complainant after removing her clothes. It is also alleged that after appellant No. 1, appellant No. 2 had also attempted to have sexual intercourse with the complainant. However, as the complainant got some relief from the clutches of the appellants she immediately shouted for help. Since the appellants sensed that somebody was rushing to the spot from the village and there could be a trouble they ran away from the spot. In the meantime, brother of the complainant and 2-3 boys of the village came there and they escorted the complainant to her residence. The incident was narrated by the complainant to her mother and brother. The matter was reported to Chandur Railway Police Station. The First Information Report was registered for the offence punishable under Section 376(2)(g) of the Indian Penal Code and under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.