SURESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) . Present appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Amalner, Dist. Jalgaon in Sessions Case No.25 of 2014 for the offences punishable under Sec. 376(2)(l) of Indian Penal Code on 8/9/2015. The appellant has been held guilty and directed to undergo imprisonment for life and to pay fine of Rs.5,000.00, in default, to suffer rigorous imprisonment for two years.

(2.) The prosecution story is that the informant is the brother of the victim. Victim was aged 27, however, she is mentally retarded and was unable to speak properly. She was residing with informant, his wife and the other family members. The victim is unmarried. FIR came to be lodged by the informant on 10/5/2013 stating that he had gone to Kolhapur district to work on bricks kiln about eight months prior to the FIR and his wife and daughter were along with him. The victim as well as the younger brother were at their native place. The younger brother is an agriculture labour. About 8 days prior to 10/5/2013, Sarpanch of the village of the native place of the victim and informant gave telephone call to the informant and informed that the victim is pregnant of around 5 to 6 months and, therefore, he should return to the village. Therefore, four days prior to the FIR, informant came back to his village and lodged report against unknown person. It appears that, at that time, the offence was wrongly registered under Sec. 376(2)(i) and 376(2)(K) of the Indian Penal Code. The investigation has been carried out. The victim was got medically examined. Apart from the physical examination, it was the examination in respect of the mental condition of the victim also. It is then the prosecution story that in the supplementary statement recorded on 13/5/2013, the name of the accused came to be revealed and he came to be arrested on 12/12/2013. He was medically examined on 13/12/2013 and thereafter, the DNA samples, which were taken, were sent for analysis. In the meantime, statement of witnesses under Sec. 161 of the Code of Criminal Procedure were recorded. Panchanama of the spot was carried out and after completion of the investigation, charge-sheet was filed.

(3.) The prosecution has examined in all eight witnesses to bring home the guilt of the accused and after considering the evidence and hearing both sides, the learned Trial Judge has convicted the accused by holding him guilty. Hence, this appeal.