RAKESH SHRINAVAL PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under Section 452 of Indian Penal Code and sentenced to suffer R.I. for two years and to pay fine of Rs. 1,000/- in default S.I. for three months and under Section 376(2)(f) of Indian Penal Code, he is sentenced to suffer R.I. for ten years and to pay fine of Rs. 5,000/- in default S.I. for six months in Sessions Case No. 357 of 2009 by the 5th Ad-hoc Sessions Judge, Greater Bombay vide judgment and order dated 31.8.2009. Hence, this appeal. Such of the facts necessary for the decision of this appeal are as follows:-

(2.) After some time, one Lalu Yadav had brought the accused to the police station. The accused was arrested. The clothes of the accused and the victim girl were seized in the presence of the panchas. The Investigating Officer recorded statement of the victim and the victim was referred for medical examination. After completion of investigation, charge-sheet was filed on 4.4.2009. The prosecution examined four witnesses to bring home the guilt of the accused.

(3.) PW-1 is the victim herself. She has deposed before the Court that she was residing along with her parents and her brothers and sisters in a room on the site under construction. She was knowing the accused as he used to visit the said building to meet his friend. On the day of incident, at night, the accused had entered into the house, denuded her of her clothes and then he has committed sexual intercourse with her. That upon arrival of her mother, the accused had worn his clothes and escaped from the room. Her mother chased him and caught him. She beat him. Thereafter, he ran away.