RAMDAS SADASHIV RAHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant feels aggrieved by the judgment and order passed by the learned Special Judge, Khamgaon on 21st May, 2012 in Special Atrocity Case No.3/2011. The appellant was tried for the offences punishable under Sections 376, 323, 506 and 343 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The prosecutrix and the appellant, both were residents of same village i.e. Paturda in Tahsil Sangrampur of District Buldhana. The appellant was very well known to the prosecutrix. The prosecutrix was staying with her parents. It is the case of prosecution that she belongs to a Matang community. She had a friend by name Ms. Sharda residing in the same village. Ms. Sharda had gone to Indore about eight days prior to the date of incident. One Deokabai Gawai was neighbour of the prosecutrix. The appellant was frequently visiting the house of said Deokabai Gawai.

(3.) The alleged incident had occurred on 3rd December, 2010. The prosecutrix had come out of her house at about 900 p.m. to answer call of the nature. She met the appellant. The appellant told the prosecutrix that her friend Ms. Sharda had come back from Indore and that she wanted to meet the prosecutrix. The prosecutrix, therefore, accompanied the appellant to visit house of Ms. Sharda. It is alleged that the appellant instead of taking the prosecutrix to the house of Ms. Sharda, took her to a cattleshed situated near the house of said Ms. Sharda. The prosecutrix was told by the appellant that Ms. Sharda would come there to meet her. It is the case of prosecution that the prosecutrix did not want to wait in the cattleshed to meet Ms. Sharda and, therefore, she attempted to go back to her house. It is alleged that the appellant caught hold of the prosecutrix and slapped her. He pushed her on a heap of fodder and threatened her that she would be killed if she shouted. Thereafter the appellant had allegedly removed clothes of prosecutrix and had forcible sexual intercourse with the prosecutrix without her consent. It is alleged that the appellant put tin sheets and wooden logs on the prosecutrix after committing rape on her and did not allow her to go. It is alleged that there was small ditch below the tin sheets. The prosecutrix remained there till next night. The appellant had allegedly again visited the cattleshed around same time in the night on next day and had brought meals and water for the prosecutrix. She was forcibly made to eat and thereafter was subjected to rape again by the appellant. The appellant had again put tin sheets and wooden logs upon the ditch and left the place. On third day morning Shri Gajanan Rahate, who was owner of the cattleshed, had opened the said cattleshed. It is at that time that the prosecutrix escaped from the said cattleshed. It is the case of prosecution that the prosecutrix wanted to commit suicide because she was afraid that her family may strongly react due to her absence for two days. However, she was persuaded by Atul and Shankar residents of same village that she should not take such extreme step. She was taken to her residence by Atul and Shankar. The prosecutrix had thereafter visited Paturda Police Station along with her mother and had lodged report Exh.38.