RAJU BALIRAM PAHURKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mrs. Maldhure, learned Counsel for the appellant and Mr. Lanjewar, learned A. P. P. for the respondent-State. The appellant has preferred this appeal challenging his conviction for offence under sections 376 and 363 of Indian Penal Code and sentence for r. I. for 10 years and to pay fine of Rs. 2000/-, in default to undergo R. I. for one year and R. I. for 7 years and to pay fine of Rs. 2000/-, in default R. I. for one year, respectively.

(2.) ACCORDING to the prosecution case the occurrence which gave rise to this prosecution against the appellant took place on 6-2-1999. The prosecutrix who was daughter of Kishor Charandas (P. W. 12) and Jivnabai (P. W. 1)was born on 10-6-1986. Gumfabai (P. W. 2) was grandmother of the prosecutrix residing with them. On the date of occurrence, admittedly, prosecutrix at late evening went to reach her father-Kishor who wanted to go to Chalisgaon and after reaching him at Gopal Nagar she returned home. Her grand mother and one neighbour Manjubai were watching Television while her mother jivnabai was sleeping in the house. As the prosecutrix wanted to purchase wool and needle, she went out on her bicycle after taking Rs. 10/- from her grandmother. At the shop of one Raut at Mahavir Nagar the knitting niddles were not available at his shop. The prosecutrix went to Shankarnagar in or to purchase the same. However, the shops at Shankar Nagar were then closed, the prosecutrix started returning home. It is the case of the prosecution that on her way the appellant stopped her and alleged that the prosecutrix had beaten his daughter. When the prosecutrix refuted, saying that she did not assault his daughter as she was not knowing him and his daughter, the appellant told that he would take her to the hospital where his daughter was admitted and if his daughter identifies her as her assailant, he would hand over her to police of else, he would reach her to her house. The place where the appellant stopped the prosecutrix near the shop of Raut and as there was mercury street lamp, the prosecutrix could see the face of the appellant. The accused and the prosecutrix went on foot holding their bicycles in their hands towards the hospital as suggested by the appellant. It is the case of the prosecution that when they moved some distance, the appellant slapped the prosecutrix and showed her dagger and taking her to a lonely place at Sutgirni ground fell her down, removed her clothes and also removed his own pant and then committed rape on her. After completing the act of sexual intercourse with her, the appellant got up and put on his pant and taking out the key of the bicycle of the prosecutrix threw it away and also snatched Rs. 10/ which the prosecutrix was having with her and left that place on his bicycle. After he left that place the prosecutrix got up and searched for her clothes, however, she could find her sweater only, she put on the sweater on her person, she was frightened and started crying, she went towards the Sutgirni and found Choukidar to whom she disclosed the incident that took place, some persons who were in the quarters of Sutgirni also came there, when choukidar gave call and the prosecutrix narrated the incident to them and amongst them was witness-Rajesh (P. W. 3 ). She took them to the spot, where the rape was committed on her. In the light of the scooter other clothes of the prosecutrix were traced, she put on those clothes on her person and after bringing auto rickshaw she was reached to her house with bicycle being kept in the autorikshaw.

(3.) HERE at the house of the prosecutrix, as she did not returned though much time has lapsed, her grandmother became worried and she went out to search her and nearby shops and other places, but she did not find the prosecutrix and after she returned, Jivnabai the mother of the prosecutrix when came to know about the absence of prosecutrix, both of them, went to search prosecutrix in the nearby locality, but their search was in vain and therefore, both of them decided to report the matter to the police and accordingly they reached to Rajapeth Police Station and lodged report Exhibit 16 about missing of the prosecutrix from the house.