UTTAM RAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant questions conviction in Sessions case No. 95/2008, dated 19.8.2012, by learned Additional Sessions Judgell, Aurangabad, for offense under Section 376(2)(f) of IPC, directing to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5,000/-; in default of payment of fine, to suffer further rigorous imprisonment for six months, for Section 506 of IPC, rigorous imprisonment for one year and to pay fine of Rs. 1,000/-; in default, to suffer further rigorous imprisonment for one month, for Section 201 of IPC rigorous imprisonment for one year and to pay fine of Rs. 1,000/- with default clause to further undergo rigorous imprisonment for one month. The prosecutrix, aged 10 years, was studying in Vth Standard at village Shivrai. The appellant has a tailoring shop near her house. On 11.12.2007, parents of the prosecutrix had been to the field for agricultural work. While they were in field, Bhausaheb Gaikwad informed parents of prosecutrix sustaining bleeding injury to her private part. It was also informed that the accused/appellant had taken prosecutrix to the hospital of Dr. Challani at Kannad, however, on his advice, she was taken to Aurangabad. She was taken to the hospital of Dr. Chobe, PW No. 5, at Aurangabad, where she was admitted, operated to stop bleeding at her vagina. She was discharged on 13.12.2007. There was suspicion of the prosecutrix suffering sexual abuse. Prosecutrix was under trauma and in a disquiet state of affairs. All throughout, the accused appellant was activating, accosting, escorting, as a shadow with the prosecutrix.

(2.) The mother of the prosecutrix, in confidence, learnt of the cause for injury to her daughter which was shocking. It disclosed, the event on Tuesday of the appellant taking her behind backside of his shop under the guise of showing guava fruits, took her in lonely room and inserted penis to her vagina. The mother conveyed these facts to the father of the prosecutrix. Resultantly, FIR was lodged on 16.12.2007 vide Crime No. 1, 2003/2007. Spot panchnama was drawn on 16.12.2007. Accused was searched. Frock of prosecutrix was taken charge under panchnama. Prosecutrix and accused were medically examined. Seized apparels were sent to the Regional Forensic Laboratory, Aurangabad, for analysis. Chargesheet was filed with learned Judicial Magistrate, First Class, Kannad, and it was committed to the Court of Sessions at Aurangabad for trial.

(3.) On 7th April, 2010, charge was explained to the appellant below Exh. 13, for offense under Section 376(2)(f), 506 and 201 of IPC. The appellant pleaded not guilty, claimed to be tried. His defence was false involvement owing to animosity. His statement under Section 313 of Cr.P.C., was recorded after examination of eleven witnesses.