ASHOK WASUDEORAO ARVIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed against the judgment and order dated 23rd February, 2004 passed by the learned Additional Sessions judge, Amravati in Special Case No. 25 of 1997 whereby present appellant/original accused has been convicted for the offence punishable under section 377 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/-, in default, to suffer further rigorous imprisonment for one month. By the same judgment, the appellant is also convicted for the offences punishable under sections 354 and 509 of the Indian Penal Code, but no separate sentences have been passed. The appellant-accused has also been convicted for the offence punishable under Section 363 of the indian Penal Code and is sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in defaut, to suffer further rigorous imprisonment for one month. The conviction is also recorded for the offence punishable under Section 341 of the Indian Penal code. However, no sentence is passed on this count. The conviction is also recorded for the offence punishable under Section 506 of the indian Penal Code and he is sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/-, in default, to suffer further rigorous imprisonment for one month. All the sentences have been made to run concurrently. The appellant, however, is acquitted of the offence punishable under Section 3 (1) (xi) of the sc and ST (Prevention of Atrocities) Act.

(2.) THE prosecution case runs as follows: victim girl daughter of complainant is residentof Sanjay Gandhi Nagar, Amravati. In the year 1994 she was studying in Holi Cross marathi High School and was in 5th standard. The girl used to go to the school by Bus or auto-rickshaw. On 4-1-1994, she attended the school and waited for arrival of Bus at Irwin Square, amravati in the afternoon. Since the Bus did not arrive, she along with two other girls, hired auto-rickshaw. The said two girls got down at yeshoda Nagar. Since she had to go to Sanjay gandhi Nagar, she continued to be in the said auto-rickshaw. The rickshaw operator, instead of stopping the rickshaw at Sanjay Gandhi nagar, took it with her in Wadila jungle. He stopped the rickshaw and took her in the said jungle. There, the appellant untied her nicker and put his genital organ inside the mouth of victim girl. The appellant then brought her to Sanjay gandhi Nagar and dropped her near her house.

(3.) VICTIM girl narrated the incident firstly to her mother and then to her father. Her father, examined as PW1, took her to Fresarpura police Station where he lodged FIR. Offence was registered vide Crime No. 3/94 and the matter was taken up for investigation by PSI Shankar shimpikar. FIR was against unknown auto rikshaw operator. The Investigating Officer during the course of investigation found that the autorickshaw in question bearing registration no. MH-27/a-664 was purchased by one Sanjay malviya (PW 8) from Sunil Nagoraoji Dhaskar, examined as PW 5. It was found that the appellant had taken the said auto rickshaw on hire from pw Sanjay. It was on the basis of this that the appellant came to be arrested along with auto-rickshaw. In the Police Station, the girl was called and she identified the appellant and auto-rickshaw. Subsequently, identification parade was held by Shrikrishna Kerde, Special Judicial magistrate (PW 9 ). After completion of investigation, charge-sheet was filed in the Court of Sessions in the usual manner.