STATE OF MAHARASHTRA Vs. DADAJI KACHARU SONAWANE

JUDGEMENT

(1.) This is an appeal against the acquittal filed by the State Government. After going through the evidence and after hearing whatever arguments the learned Public Prosecutor, Mr. Vyas had to make, we have been convicted that if-there is any case where appeal against the acquittal should never have been filed this is the one. As a matter of fact, we are satisfied that in all probability the prosecution itself is an entirely got up affair and the accused has been framed up by the Police just with a view to make scapegoat of somebody with a view to earn laurels for themselves.

(2.) It is unnecessary to state the facts at length because they have been very fully and carefully stated out by the learned AddI. Sessions Judge in his judgment every part of which we are inclined to confirm. However, for the sake of explaining our judgment a few facts may be stated briefly as follows: The accused was charged under section 302 and 376 of the Indian Penal Code for having committed rape upon one Tai alias Nibabai, daughter of Wana Sonawane, an innocent girl of 11 years. The allegation is that after raping her, he throttled her to death in order that she might not divulge the act committed by him to her relatives.

(3.) The prosecution case was that the victim. Taibai was the sister of Madhu Wana Sonawane. The accused is the cousin of said Madhu Wana. The allegation is that on 31st August 1980, Taibaiand Madhu Wana had gone to their field for grazing the cattle. After about noon time, Madhu came back for taking his meals telling the accused to go and look after his bullocks. Both the accused and deceased Taibai were on the land tending the cattle. The case is that the accused took the girl to a nearby Nalla, raped her there and thereafter throttled her to death and left the body in the Nalla. He thereafter came back to the village. While returning back he was noticed by same witnesses to be in a frightened state of mind. As the-girl did not return after the evening and till night time, a search was instituted, in which search even the accused participated. - Ultimately the body of the girl was found in the Nalla at night time. The Police Patil was in formed. The usual inquest panchnama was made. The body was sent for post-mortem. From the post-mortem report it appears that the girl was first criminally assaulted and murdered thereafter by throttling. The Police Patil made a report to the Police-Station which was recorded on the FIR. The Police Officer concerned came to the village next day that is on 1st September 1980. From 1st September 1980 to 4th September 1980, be was camping in the village itself trying to find out clues for detecting the crime. On 3rd September 1980 at 11.00 P.M. the villagers held a meeting. In the said meeting, two persons Ramesh and Tanaji, P.W. 6 and 7 asked the accused to make clean breast of everything or else the entire village might come in difficulty, because; the girl was a Harijan girl and the offence against her would assume a communal colour. When the accused refused to make any confession, these two witnesses took him aside and the prosecution case is that before these two witnesses, in privacy, the accused made a clean breast of everything. The villagers thereafter handed over the accused to the Police. It is the case of the Police that the accused volunteered to show the place of the offence and also to show the clothes that he was wearing at the time of offence and that, accordingly, he showed the place of offence and the necessary panchanma in that behalf was made. He took them to his house and from the house he took out a bundle of clothes. The allegation is that on the Kopri (banian), half-pant (underwear) and towel produced by the accused there were bloodstains. These clothes were sent to the Chemical Analyser. The nail clippings of the accused were also sent to the Chemical Analyser. Tile Chemical Analyser's report shows that the blood stains on the clothes were of the BT group and that blood group of the deceased was also of BT group. It is with this case that the prosecution went for trial of the accused before the Court.