DALSU KUMMA GAWDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant (accused) has assailed judgment and order dtd. 28/4/2022 rendered by learned Additional Sessions Judge, Gadchiroli in Sessions Case No.16/2020 whereby he is convicted for offence punishable under Sec. 376(1) of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 10 years and to pay fine Rs.3000.00, in default, to suffer simple imprisonment for 3 months. The accused is also given set-off under Sec. 428 of the Code of Criminal Procedure since he was in jail.

(2.) Facts in a nutshell are as under: On 23/11/2019, victim girl (due to the mandate of Sec. 228-A of the Indian Penal Code, name of the victim girl and her relatives are not mentioned in this judgment), has lodged report with Bhamragad Police Station, district Gadchiroli alleging that she is residing along with her parents and grandfather and two brothers. Her younger brother is residing at Bhamragad. She studied upto 12 Std. and left the education. On 19/11/2019, when her mother had been to Bhamragad in the hospital, as her sister-in-law was admitted in the hospital for delivery, she was at home along with her father and grandfather. On 20/11/2019, in the evening, after having a dinner, they all went to sleep. Her grandfather was sleeping in a shed attached to the house and her father was sleeping in a room adjacent to the said shed and she was sleeping in a room which was adjacent to the room where her father was sleeping. She had not locked the door and just pushed the door and she went to sleep. At about 9:00 pm, when she was in a sleep, the accused came inside her room by pushing the door, pressed her mouth, and removed her clothes. Though she attempted to shout, she could not shout as her mouth was pressed by the accused and, thereafter, he disrobed himself and subjected her for sexual assault. While leaving the house, the accused took her clothes, i.e. leggin and undergarments, with him. When he was running from the house, she shouted for help and her father and her grandfather witnessed the accused eloping from the spot of the incident. Immediately, she narrated the said incident to her father and grandfather. As her mother was not at home, she approached to the police station 22/10/2019, after her mother came home, and lodged the report.

(3.) On the basis of the said report, the police registered the offence against the accused. The investigating officer has forwarded a special report to his superior officer. After issuing the letter to the Tahsildar, he called two panchas and drawn spot panchanama. The victim girl was referred for medical examination. The accused was arrested. The accused was also referred for medical examination. He collected samples obtained by the medical officer while examining the victim girl as well as the accused. He has seized all samples by drawing seizure memo. During investigation, the accused shown his willingness to make a memorandum statement. Accordingly, his memorandum statement was recorded and the clothes of the victim girl, i.e. leggin and a nicker, are seized at the instance of the accused by drawing panchanama. The clothes of the accused are also seized in the police station which were on his person. The clothes of the victim girl and the clothes of the accused and their samples are forwarded to the Chemical Analyzer. After completion of the investigation, the investigation officer has filed chargesheet.