SACHIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374 of the Criminal Procedure Code against the judgment and order of conviction passed by the learned Additional Sessions Judge, Beed in Sessions Case No.24 of 2017 dtd. 27/11/2019 for the offence punishable under Ss. 452 and 376 of the Indian Penal Code.

(2.) The appellant would be referred to as 'accused', and the respondent would be referred to as 'prosecution' hereafter.

(3.) The gist of the prosecution case was that the prosecutrix and the accused were residing in the same village. On 5/12/2016, from about 05.00 to 5.30 p.m., the prosecutrix was alone in her house. She was cooking pulses on the earthen stove. The accused went there, held her right hand, dragged her inside the house and pushed her on the bed. She resisted the accused, but he did not listen. She had an abrasion. The accused rolled her saree up, forcibly inserted his private part into her genital and committed rape on her. That time, the husband of the prosecutrix came home for water. He saw the accused committing rape with the prosecutrix. He pulled the accused and assaulted him. The accused gave a jerk to his hand and fled away. She screamed; hence, neighbours also came there.