GOPAL MADHUKAR BOMBATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted for the offence punishable under Section 376(2)(f) (old) of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.5,000/, in default to suffer simple imprisonment for three months.

(2.) The appellant was accused of sexual abuse of a nine years old girl namely Ku. Komal Mesre, the daughter of the complainant Smt. Shobha Mesre. The complainant Shobha Mesre, aged about 35 years, was staying at Ward No.5, near Rahul Tower, Nandura within the jurisdiction of Nandura Police Station. Her husband and children were also staying with her. She has a son by name Nilesh, aged about 18 years and two daughters namely Pallavi, aged about 13 years and Ms. Komal, aged about 9 years (victim). The appellant was their neighbour. The incident in question had occurred on 04122009 at about 8.30 p.m. The complainant was at home. Her elder daughter Pallavi had gone to shop and victim Ku. Komal was playing outside. The appellant had allegedly taken the victim with him in the shop of one Vallabh and thereafter he told her to accompany him to a place where there was darkness. The appellant had allegedly asked the victim to lie down below a neem tree. He removed her undergarments and committed rape on her. Since the victim was of very tender age, she felt severe pain and shouted. The appellant left the spot and the victim came to her residence. She narrated the incident to her mother. Her father came late in the night as he was working as a cook in one of the hotels at Nandura. The incident in question was brought to the notice of father of the victim also. Thereafter it was brought to the notice of elder brother of victim's father. Victim's father had gone to the house of the appellant and questioned his conduct. The appellant, however, was not bothered. The matter was ultimately reported to police on 06122009. Police registered offence under Section 376 of the Indian Penal Code against the appellant on the basis of complaint made by mother of the victim. Statement of victim was recorded during the course of investigation. Statements of other witnesses including elder sister of the victim were also recorded. The clothes of the appellant and the victim were seized by the police and were sent to forensic science laboratory.

(3.) The victim was sent for medical examination immediately after recording of the First Information Report. She was examined by P.W.8 Dr. Bramhanand Chavan. During the course of medical examination, P.W.8 Dr. Bramhanand Chavan found that :