POMESH RUMANLAL RAHANGDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. The appellant has been convicted for the offence punishable under Section 376(2)(f) of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for ten years and to pay fine of rupees five thousand. It is further directed that the fine amount, if deposited, shall be paid to the mother of the victim by way of compensation.

(2.) A short question, which may arise for determination in the present case is, whether simply rubbing of erected penis against the vagina will amount to an offence of rape. Age of the victim girl was about 10 years. It is stated by the victim that the appellant had rubbed his erected penis against her vagina. The victim left the place on the pretext of going for urination and did not come back to the place of the alleged offence. The matter was reported to police. Spot panchnama was drawn. Incriminating articles were seized and were sent to Forensic Science Laboratory. The Laboratory report indicated that there were semen stains on the quilt and underwear of the appellant. No semen was found on the clothes of the victim. The vaginal swab was also free from semen.

(3.) The learned counsel for the appellant has argued that, at the most, it might amount to an offence punishable under Section 376(2)(f) read with Section 511 of the Indian Penal Code. It was submitted that the appellant might have rubbed his penis against her vagina and might have ejaculated later on. My attention was invited to the evidence of the Medical Officer who has stated in his cross-examination that it was difficult for him to give opinion as to whether the penetration had taken place.