MAHESH MANSARAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal, appellant-accused Mahesh s/o Mansaram patil has challenged the judgment and order of his conviction for the offences punishable under sections 376 and 201 of the Indian Penal Code and sentences to undergo rigorous imprisonment for ten years and to pay a fine Rs. 2,000/- in default to undergo simple imprisonment for six months and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- In default to undergo simple imprisonment for two months respectively.

(2.) PROSECUTRIX Dhaneshwari, who was the daughter of complainant bahurabai, r/o. Karodi, was aged about 12 years studying in 5th class on the date of occurrence which took place on 10-2-2001. That day, she after returning from school, went to play along with her friend Lata to the school play ground. At that time, one boy aged about 20 years, having black complexion, asked both the girls to accompany him behind the temple for making garland of flowers. Prosecutrix came home and after seeking permission of her mother and as the boy promised to pay Rs. 25/- accompanied him. They were taken behind the temple in the bushy jungle. That boy cleaned surface of the ground and forcibly made prosecutrix Dhaneshwari to lie down and removed her clothes. After removing his clothes, he asked Lata to sit by the side and then, at once he ravished Dhaneshwari under the threat that if she makes any noise or inform anybody he would kill her. After she was ravished, that boy forcibly brought both of them towards nala and again forcibly withdrew the underwear of Dhaneshwari and washed it in the water. Then, he asked both the girls to go away saying that he would go to bring money for them. Dhaneshwari could not walk. She felt giddiness and ultimately fell down behind the temple. Lata went to the house of Dhaneshwari and informed her mother. Consequently, Dhaneshwari, who was found sleeping behind the temple, was brought home. When inquired with her, she disclosed about the incident to her mother. Her mother Baburabai saw the private part of dhaneshwari and found that she was bleeding. So, her mother suspected that her daughter Dhaneshwari was ravished sexually. It happened at about 4. 30 p. m. to 5. 00 p. m. Bahurabai approached the Police Station and lodged complaint on the same day at about 18. 40 hours alleging that her daughter dhaneshwari was sexually assaulted and rape was committed on her.

(3.) ON the report lodged by Bahurabai , offence was registered vide crime no. 36 of 2001, under section 376 of the Indian Penal Code. Dhaneshwari was forwarded and referred to Mayo Hospital, Nagpur for medical examination. The Medical Officer examined her and opined that there was evidence of forcible intercourse and decision of laparotomy was taken and performed. Dhaneshwari was admitted in the hospital as an indoor patient for about 10 to 12 days. In the process of investigation, the statement of witnesses namely lata, who was with Dhaneshwari and happened to watch the entire incident and episode, was recorded, so also the statement of Fulwatibai, who happened to see Dhaneshwari and Lata in the afternoon along with said black complexion boy. Thus, the name of appellant-accused Mahesh came to be disclosed as he was last seen with Dhaneshwari and Lata. He was arrested on 11-2-2001. It was found that he had sustained injury on his private part, as also on his person and therefore, he was forwarded for medical examination. The Medical Officer, who examined him, opined that multiple abrasions were present and were fresh on pubic region of accused Mahesh. There was also abrasion on his penis, so also, stigma of semen was present on his pubic hair. The Medical Officer further found that the pubic hair were curved and mutilated. The Medical Officer found that Mahesh was competent to perform sexual intercourse. At the time when he was examined, his semen sample, blood sample, pubic hair sample and cliping of nail were obtained and handed over to the Chemical Analyser for examination. Likewise, his clothes consisting of underwear, pant, shirt etc. were seized. Similarly, the clothes of prosecutrix dhaneshwari consisting of nylon panty, blouse, meedy skirt were seized. Her blood sample was obtained and it was sealed and seized under panchnama. Vaginal swab, pubic hair sample of Dhaneshwari were taken and sent to police in sealed condition. The entire property that came to be seized consisting of blood sample, semen sample, sample of pubic hair of prosecutrix and accused and clothes were sent to the Chemical Analyser.