(1.) THIS appeal, arises from an order of conviction and sentence dated 8th of September, 1999 in Sessions Case No. 18 of 1998, decided by the learned Additional Sessions Judge at Amalner. The Sessions court has convicted the accused/appellant for an offence punishable under section 376 (2) (f) of the Indian Penal Code (the Code, for short) and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/-, in default of fine further rigorous imprisonment for one month, whereas he came to be acquitted for the offence punishable under section 506 of the code. When this appeal was admitted by order dated 1/02/2000 there was no application for bail and, therefore, he has been in jail since 1/02/1998 as noted in the impugned order of conviction and sentence.
(2.) THE prosecution case briefly states that the prosecutrix Rinku D/o shivaji Paul is the grand daughter (daughter's daughter) of the complainant santosh s/o Naval Patil (P. W. 1), a resident of village Ranaiche in Amalner taluka of Jalgaon district and an agriculturist by profession. Suman (P. W. 4)is the wife of Santosh (P. W. 1 ). The parents of the prosecutrix were residing, at the relevant time, at village Sunwade and it was on 1st February, 1998 that the prosecutrix was lured by the accused with the promise of giving brinjals and chillies. She was taken towards the field of his master Subhash nago Patil (P. 'w. 8) at about 3. 00 p. m. and beneath the Neem tree in the agricultural land of Shri Sudhakar Gulabrao Patil, Gat No. 30, she was raped by the accused. She sustained bleeding injuries on her vagina and returned to her grandparents's house in the same condition and lied on a cot. The grandmother returned at about 4,00 p. m. after grazing the cattle and seeing the granddaughter laying on the cot she inquired about the reason and she was informed by the prosecutrix that the accused had taken her to the agricultural land of Sudhakar Gulabrao Patil and raped her. The prosecutrix, it appears, showed the injury/bleeding to her grandmother who, in turn, sent a message for her husband and personally went to Subhash (P. W. 8), the master of the accused. The complainant reached home and when inquired about the reason for his recall he was informed about the incident at the hands of the accused. Subhash (P. W. 8) alongwith his brother also visited the house of the complainant as per the request of Sumanbai (P. W. 4) and was made aware of the offence. The complainant requested Bhaiya Patil and ashok Patil to take the prosecutrix to the Police Station at Amalner and thereafter he followed her on another motorcycle. He lodged a written complaint (Exhibit-17) regarding the incident and the prosecutrix was sent for medical examination. Dr. Jeevanrao Rangrao Patil (P. W. 6), Chief Medical officer in Municipal Hospital at Amalner examined the prosecutrix and issued the medical certificate at Exhibit-32. The prosecutrix was brought back to the Police Station and her statement was recorded. The accused was taken in custody on the same day and was also subjected to medical examination at the hands of Dr. Jeevanrao (P. W. 6) who, after medical examination, issued the medical certificate (Exhibit-33 ). The Investigating Officer, as a matter of precaution, had subjected the prosecutrix for second medical examination by Dr. Ramkrushna Govindrao Bhusale (P. W. 7) who was, at the rel--evant time, working as head of the department of Forensic Medicines and toxicology in Shri Bhausaheb Hire Government Medical College at Dhule. He examined the prosecutrix on 2/02/1998 and issued the medical certificate (Exhibit-37 ). While the accused was taken in custody, arrest panchanama was drawn and the clothes on his person were also seized in the presence of Sopan Bhimrao Patil (P. W. 5) and the said seizure Panchanama (Exhibit-25) came to be proved in his depositions. The seized clothes of the accused, as well as the prosecutrix, were sent for chemical analysis vide forwarding letter (Exhibit-45) and C. A. report was received by the police and on completion of the investigation charge-sheet was filed. As the case was triable exclusively by the Sessions Court it was committed. Charge was framed at Exhibit-2 on 24/07/1998 for an offence punishable under section 376 (2) (f) and 506 of the Code.
(3.) THE prosecution examined in all nine witnesses i. e. the complainant santosh (P. W. 1), prosecutrix Rinkubai Shivaji Patil (P. W. 2), Pradeep Anant kulkarni (P. W. 3), Circle Officer in support of the map of the spot of incidence (Exhibit-22), Sumanbai (P. W. 4), the grandmother of the prosecutrix, Sopan (P. W. 5), Panch witness for seizure of clothes of accused, Dr. Jeevanrao (P. W. 6), Medical Officer, Dr. Ramkrushna (P. W. 7) Medical Officer, Subhash (P. W. 8) and Murlidhar Bhika Patil (P. W. 9), Police Sub-Inspector as well as Investigating Officer.