BALAJI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against judgment and order of Sessions Case No. 119/2011, which was pending in the Court of Additional Sessions Judge, Latur. The appellant is convicted and sentenced for offences punishable under sections 363 and 376 of Indian Penal Code ('I.P.C.' for short). The sentence of rigorous imprisonment for seven years is given to the appellant. The parents of the accused and other relatives of accused were also chargesheeted for offences punishable under sections 363 and 366-A of I.P.C., but they are acquitted. Both the sides are heard.

(2.) The families of prosecutrix and the appellant/ accused were resident of Anjali Nagar, Latur. At the relevant time, the prosecutrix was aged about 15 years and the accused was aged about 24 years. The prosecutrix had studied up to 9th standard. Accused was known to the prosecutrix as his house is situated at some distance from the house of prosecutrix. He used to work as a driver. He used to talk with the prosecutrix when she used to proceed to school etc. The father of prosecutrix was working at Vishakhapattanam and for most of the time he used to remain out of Latur. The prosecutrix used to live with her mother and brother in the house.

(3.) It is the case of prosecution that the accused developed contact with the prosecutrix and he started saying that he loved her. In December 2010, when mother of prosecutrix was out of station and brother of prosecutrix had left the house for college, the accused entered the house of prosecutrix. He said to the prosecutrix that he loves her and then he took sexual intercourse with her in her house. He told the prosecutrix that by such act, no harm will be caused to her.