RAMA @ RAMDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant / accused has challenged his conviction in Sessions Case No.181 of 2001 recorded by 2nd Ad-hoc Additional Sessions Judge, Jalgaon (hereinafter referred to as 'the learned trial court') for the offence punishable under Ss. 376 & 506 of IPC under judgment and order dtd. 18/10/2002. The appellant / accused has been convicted for the offence under Sec. 376 of IPC and sentenced to suffer rigorous imprisonment for 10 years and to pay a fne of Rs.1,000.00, in default to suffer rigorous imprisonment for 3 months. He is also sentenced to suffer rigorous imprisonment for one year for the offence punishable under Sec. 506 of IPC.

(2.) The prosecution story in nutshell is that the victim i.e. minor daughter of her parents, was residing in village Shelvad, Taluka Bodvad, District Jalgaon. Her mother used to sell grocery articles from her house. The appellant / accused was a neighbour of victim and he used to come to house of the victim occasionally for purchasing grocery. One Suganchand was also a neighbourer of father of the victim at the relevant time and he used to sell milk from his house. The victim used to visit house of Suganchand frequently for bringing milk.

(3.) On 09/08/2001 at about 1.00 p.m., brother of the victim told her to bring milk from the house of the Suganchand. After taking milk when the victim was returning home, the appellant / accused suddenly caught her and pressed her mouth. Then the appellant / accused took her to vacant and dilapidated house abutting to the house of Suganchand. He threatened the victim for not to raise shout. Then he kept a glass of milk aside and lifting skirt of the victim and removing his pants, committed sexual intercourse with victim in standing position. After the incident, the appellant / accused again threatened victim for not to disclose the incident to her parents, otherwise he would kill her. The victim returned her home with a glass of milk, but after some time bleeding started from her private part. Despite such bleeding, she did not inform the incident to her mother.