VILAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed under Section 374 of Cr.P.C. against the judgment and order dated 19th October, 2011 passed by the Special Judge, Osmanabad in Special (Atro.) Case No. 13 of 2010. Appellant is convicted for offence under Section 342 of Indian Penal Code and directed to undergo R.I. for three months and to pay fine of Rs. 1,000/-, in default, to suffer S.I. for one month. For offence under Section 3(i)(xii) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and directed to undergo R.I. for six months and to pay fine of Rs. 1,000/-, in default, to suffer R.I. for one month. For offence under Section 376 of Indian Penal Code and directed to undergo R.I. for seven years and to pay fine of Rs. 3000/-, in default, to suffer S.I. for six months. For offence under Section 323 of Indian Penal Code and to undergo S.I. for ten days and to pay fine of Rs. 100/-, in default, to suffer S.I. for one day. All sentences were directed to run concurrently.

(2.) Grievance and defence of the accused--appellant is, at the house of maternal aunt/uncle of the complainant, he had been for drinking. He paid Rs. 500/- currency note to purchase liquor of Rs. 30/- and after its consumption, demanded balance amount. The complainant and her husband did not pay the balance under impression, accused was under influence of liquor. Accused was trying to take away currency note. Scuffle caused injuries to both sides. He reiterated that he has not committed any offence.

(3.) The F.I.R. by prosecutrix was lodged for offence under Sections 376, 451, 342 and 323 of Indian Penal Code vide C.R. No. 9 of 2010. Spot panchnama was drawn. The articles, apparels of the victim, shirt of her husband were recovered. Further investigation was carried by Dy. Superintendent of Police Choudhari. Photographs of the complainant, her husband and accused were also snapped immediately. The accused and the victim were referred for medical examination. The seized articles were sent to the office of Chemical Analyser at Aurangabad. Original caste certificate of the prosecutrix was collected including Medical Certificate and after completion of investigation, charge sheet against the accused was filed before learned Judicial Magistrate F.C., Osmanabad. Since the offence was sessions triable, it was committed to the Special Judge. Charge below Exhibit 7 was framed and explained to the accused in vernacular. Accused did not plead guilty and claimed to be tried. The defence is as stated earlier.