ANIL MAHADEO NAGDEVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. V. K. Deotale, learned Advocate for the appellant and Mr. Lanjewar, learned A. P. P. for the respondent.

(2.) THE appellant was convicted for offence under section 376 I. P. C. and was sentenced to R. I. for 7 years and to pay fine of rs. 2,000/- in default to undergo R. I. for two months by the Judgment and Order dated 18. 05. 2002 passed by the 4th Ad-hoc additional Sessions Judge, Nagpur in Sessions trial No. 394/1997. The appellant has preferred this appeal challenging this judgment and order of conviction and sentence.

(3.) THE incident in question which gave rise to this prosecution against the appellant took place on 30. 08. 1996 at noon in agricultural land situated within limits of village - Mandhal which comes precisely under police Station, Kuhi. The prosecutrix - (P. W. 1)is residing with her mother Panchfula (P. W. 6), brother - Dilip (P. W. 4) and elder sister Mala at village Mandhal, while the appellant was residing in the same village adjacent to their house. Mala, the elder sister of prosecutrix had illicit relations with the appellant and she started residing with him and she gave birth to child. But then after about 2 years of their living together appellant left Mala and that is how at the time when the incident took place during that period Mala was residing with her mother. On the day of occurrence the prosecutrix had gone to the field for grazing bullocks. That time old person named wasudeo was grazing bullocks in the field. But at about 1. 00 p. m. Wasudeo left that place and as such the prosecutrix was alone in the field. It is the case of prosecution that the appellant along with one Prabhakar Dahake came near the field and said Prabhakar had called her. After some time the appellant along with one Ravi Gondane came near the field where the prosecutrix was. He also had talk with Wasudeo and then he remained there for about an hour. After some time Ravi Gondane who was with the appellant left to his field. The appellant went near the prosecutrix, but she did not talk with him. He then told her that he wanted to marry her. He also threatened saying that if she refused to marry, he would forcibly take her away. The prosecutrix told him that he has deserted her sister and therefore, it would be better for him to keep her with him. The appellant then expressed his desire to have sexual intercourse with the prosecutrix and on saying so, he forcibly kissed her. She started abusing him and tried to run away from there. However, the appellant chased behind her and caught hold and fallen her on the ground in the field near the well Soyabin Crop was standing. The appellant then fell on her person, pressed her mouth and lifted her petticoat. He removed her nicker and pressed her breast by one hand and then removed his clothes and had sexual inter-course with her forcibly with resistance and then ran away. The prosecutrix disclosed about this incident to persons from village wadgaon who were passing by the road. She then came back to her house and after arrival of her mother and brother from the field she narrated complete incident to them. She then accompanied by her brother Dilip went to police Station Kuhi and lodged report Exhibit 9. On her report offence was registered vide crime no. 167/1996 against the appellant.