SATISH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is the original accused in Sessions Case No.225 of 2012. He has been held guilty of committing offence punishable under Sec. 376(2)(f) of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for fifteen years and to pay fine of Rs.5,000.00, in default to suffer simple imprisonment for two months. He has been further held guilty of committing offence punishable under Ss. 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Atrocities Act") and has been sentenced to suffer rigorous imprisonment for three months and to pay fine of Rs.2,000.00in default to suffer simple imprisonment for 20 days. The fine amount if realized, is directed to be given to the victim as compensation and it is to be given in the name of informant as guardian of the minor victim. The present appeal challenges this judgment and order by the learned Special Judge, Dhule passed on 19/3/2015.

(2.) The prosecution story in short is that the informant lodged FIR to Sakri Police Station on 13/9/2012. Informant is the mother of the victim. Victim was aged 6 years on the date of the incident. The incident took place at 8.00 p.m. on 12/9/2012. The informant -mother and her in-laws were in the house and the husband i.e. father of the victim had gone to another village. The victim came crying inside the house and she was holding her nicker/shorts in her hand and the blood oozing from her private part was coming down from the thighs. She complained about the pain in the private part. Thereupon the informant - mother asked her as to what has happened. The girl disclosed that when she was playing in the courtyard of their house, a person came and by gagging her mouth, lifted her on his shoulder and then took her to the bank of the river in the said village. That person slapped her and threatened that if she cries anymore, he would cut her into pieces. The said person laid her over the grass near the bank of the river and then after taking out lower clothes, slept on her. She also disclosed that there was severe pain to her and she started to cry and then the said person assaulted her and ran away towards another village from the river. After the said disclosure by the girl to the mother, the mother disclosed it to her father-in-law. They had taken the victim to the spot and she had then shown the said spot to them. The grass at the said spot was trodden and then the informant had gone to the police station and lodged the report.

(3.) After the registration of the offence vide Crime No.180 of 2012 with Sakri Police Station, the victim was referred to Civil Hospital, Dhule and the medical examination was conducted. It is the further prosecution story that the victim was in shock from 13/9/2012 to 16/9/2012, as she was not in a position to talk. Her statement was not recorded, but then after she was made comfortable on 16/9/2012, she disclosed the name of the person as "Satya". Thereafter, the parents given the full name of Satya as Satish Ramesh Nandre i.e. present accused. This is how he was connected to the present offence. He came to be then arrested during the course of the investigation. Prior to that the investigating officer API Nimbhore had visited the spot and carried out spot panchanama. Clothes of the victim were produced by the grandfather at the house and those clothes were seized by drawing panchanama. After the arrest of the accused, he was sent for the medical examination. It was then revealed that the victim is a member of Scheduled Tribe i.e. from Bhil community and the accused was not a member of either Scheduled Caste or Scheduled Tribe. Therefore, the offence punishable under Sec. 3(1)(xii) of the Atrocities Act came to be added and further investigation has been carried out by the police officer of the rank of Sub Divisional Police Officer. The school leaving certificate of the accused and caste certificate of the informant was collected. Seized clothes as well as samples were sent for chemical analysis and after completion of the investigation, charge-sheet came to be filed.