NITIN MARUTI NANAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and Order dtd. 08/01/2019 passed by the Additional Sessions Judge, Pune in Sessions Case No.24/2013. By the impugned Judgment and Order, the Appellant was convicted as follows ;

(2.) Heard Mr. Ashish Vernekar, learned counsel for the Appellant, Mr. Aniesh S. Jadhav, learned counsel for the Respondent No.2 and Smt. M. R. Tidke, learned APP for the State.

(3.) The prosecution case is that the victim's date of birth was 14/01/2003. The incident took place on 28/05/2012. Therefore at the time of incident, the victim was barely 9 year old. On that day, in the evening, the victim's mother sent her to buy some groceries. The Appellant was standing near the grocery shop with his motorcycle. He offered to drop the victim to her house. He requested her to show a particular place as he was new to that area. The victim agreed to help him. She sat on his motorcycle. The Appellant then took her to an under construction building on the second floor at a secluded spot and committed rape on her. He threatened her at the point of knife. After that, he dropped her near her house. The victim told this incident to her mother. In the meantime the victim's father was searching for her. The victim's mother called him and informed about the incident. He rushed home. He enquired with the victim and then went to the police station and lodged his FIR. The offence was registered at Sahakarnagar police station vide C.R.No.199/2012. The victim was sent for medical examination. Her clothes were seized. On the basis of description given by her, sketch of the offender was drawn. The Appellant was arrested in connection with C.R.No.154/2012 registered with Bharati Vidyapith police station. He was arrested on 10/09/2012. The officers of Sahakar Nagar police station got his custody through the transfer warrant. His clothes were seized as they were recovered at his instance. Even the knife was recovered at his instance. The articles were sent for Chemical Analysis. The statement of witnesses were recorded. Various Panchanamas were conducted. At the conclusion of the investigation, the charge-sheet was filed. The case was committed to the Court of Sessions at Pune.