VILAS KONDIBA GALANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has been convicted for the offence punishable under Sec. 376(3) of Indian Penal Code and sentence to suffer RI for 20 years with a fine amount of Rs.7,000.00 and in default to suffer RI for two months. He has also been convicted for the offence punishable under Sec. 323 of Indian Penal Code and sentence to suffer RI for two months. The accused has also been held guilty under the Protection of Children From Sexual Offences Act. However, no separate conviction was passed under Sec. 4(2) r/w 42 of the Protection of Children From Sexual Offences Act, 2012.

(2.) Learned counsel for the applicant has referred to the evidence of the medical expert and argued that the contention of the victim about sexual assault has not been corroborated. In other words, he pointed out that there was no penetrative assault nor the evidence is there to complete the rape as defined under Sec. 375 of Indian Penal Code. He would submit that the applicant is languishing in jail since last five years. The learned Extra Joint Additional Sessions Judge misread the evidence and erroneously held the accused guilty for the offence punishable under Sec. 376(3) of Indian Penal Code. The appeal may take its time to conclude. The applicant has a good case on merit. He is the only earning member of his family. Hence, the sentence may be suspended till conclusion of the appeal.

(3.) Per contra, the learned APP and learned counsel for the victim have strongly opposed the application. They would submit that the law is settled that corroboration of medical evidence in a rape cases is not essential. The evidence of the victim inspire confidence. The applicant/accused was unknown to the victim. At the time of the incident, she was around 13 years old. The conduct of the applicant is self-sufficient to believe that he had intention to assault the victim sexually. There is no material on record to disbelieve the victim and other witnesses. Considering the nature of the offence and growing sexual assault with girls, it would not be appropriate to suspend the sentence.