RAVINDRA ANNA DOMALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Dhule in Sessions Case No.190/2014 on 29/4/2016 thereby convicting him for the offence punishable under Sec. 302, 201, 404, 363 of the Indian Penal Code, 1860. It will not be out of place to mention here that the learned trial Judge has acquitted the appellant from the offence punishable under Sec. 376(2)(i) of the Indian Penal Code and under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012. Though the original accused/appellant has been acquitted of the charges of sexual assault, her identity is not disclosed including that of her father informant to keep the dignity.

(2.) It is the prosecution story that deceased was 07 years old girl. Informant is her father. Informant was residing with his two daughters, one son and wife. The deceased victim was the second child. The elder daughter of the informant was aged 09 and son was aged 03 when the incident took place on 15/8/2014. Informant is an agriculturist. On 15/8/2014 the informant along with his wife and son had gone to medical practitioner at Sakri around 10.00 a.m., as he was suffering from Malaria. His elder daughter was taking education at Dhule by residing in hostel. Deceased girl with the grandmother (informant's wife's mother) was at home, which is a village in Sakri taluka. Around 2.00 p.m. he received phone call from his close relative that since he would be going to a Yatra he would take informant's daughter (deceased), but deceased is not at home, as to whether she has come along with informant. Informant informed him (relative) that his wife and son are the only persons along with him and the deceased would at home. He should ask the grandmother, as to where she has gone, search her and he may take along with him to Yatra. Around 4.00 p.m. he got the treatment and, therefore, he along with his wife and son went to his house, till then also the deceased was not found. Informant made inquiry with his mother-in-law about the deceased. The mother-in-law told that deceased cleaned the utensils and thereafter she was behind the Palkhi (procession) of Davri Gosavi people in the village. Even the said close relative and his daughter also said the same thing, therefore, all the relatives and the informant started taking search of the girl. They could get the only information that she was behind the procession in the entire village. Therefore, they went to the place where those Davri Gosavi people had taken shelter. Prior to that on 15/8/2014 informant had lodged a missing report with Sakri Police Station. Thereafter he made inquiry with 1) Shyamrao Arjun Bhosale, R/o Wadegaon, Tq. Sangola, Dist. Solapur, 2) Shyamrao Bhimrao Ingole, R/o Sangola, Tq. Sangola, Dist. Solapur, 3) Vishwanath Mahadeo Bhosale, R/o Chikhmoddha, Tq. Sangola, Dist. Solapur and 4) Tanhubai Shyamrao Bhosale, R/o Wadegaon, Tq. Sangola, Dist. Solapur. Informant found that these four persons were giving evasive answers and, therefore, he went to the Police Station and lodged First Information Report expressing suspicion over those four named persons. He gave the further description of the girl. On the basis of his said First Information Report offence vide Crime No.135/2014 for the offence punishable under Sec. 363 read with Sec. 34 of the Indian Penal Code came to be registered.

(3.) It appears to be the further prosecution story that search for the girl was undertaken by the Police Department also and till 5/9/2014 there was no clue to the Police Department. One Jibhau Haba Marnar got information on 5/9/2014 regarding a fact that one white bag is seen in the well of his agricultural land and the water of the well giving foul smell. He gave the said information to the police. The investigation squad went to the field with villagers and even Media persons. It was found that there was plenty of water in the well. Therefore, two persons were asked to go in the well on wooden cot which was tied with rope to pick up the said bag. Accordingly, the said bag was picked up. It was a money bag. It was giving very bad smell. This bag was opened in front of the people and the panchas. It was found that the bag was also containing stones and bags. From one of the bags the dead body of one small girl without flesh emerged. The dead body is said to have been identified by the informant on the basis of clothes. Spot panchnama was prepared. Articles were seized from the spot. The inquest panchnama was prepared. The dead body was in a decomposed state, therefore, it was decided to have postmortem at the spot. It was conducted by video recording of the same. But when all the arrangements could not be made, the said dead body was sent to Government Medical College, Dhule. The dead body was examined by the Medical Officer at the spot. The articles on the person of the dead body were seized by drawing separate panchnama. It appears that it is the further prosecution story that inquiry was made with the witnesses in respect of suspects and then CDR of the mobile phones of the suspects were called. The accused has given some evasive answers and, therefore, his tower location was traced. On the inquiry/interrogation when the falsity in his statement was revealed, he came to be arrested around 01.10 p.m. on 23/9/2014. Thereafter, he had discovered certain articles, especially the gold from the Goldsmith to whom he had sold the gold ornaments, which were on the person of the deceased. He had discovered his clothes and the motorcycle used in the commission of the crime as well as rope. The seized articles were sent for chemical analysis and after completion of the investigation charge sheet came to be filed.