MANIK NARSINGRAO CHAPPALWAD Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment passed by the Ad hoc Additional Sessions Judge, Gangakhed, dated 01.07.2013 in Sessions Case No. 25 of 2012, thereby convicting the appellant for the offences punishable under section 376 read with section 511 of the Indian Penal Code, sentencing the appellant to suffer rigorous imprisonment for seven years and to pay fine of Rs. 5000/-, in default, to suffer rigorous imprisonment for six months. Out of the fine amount, an amount of Rs. 3000/- is directed to be paid to the complainant, who is mother of the prosecutrix. 2. In brief it is case of the prosecution that at the time of the incident, the prosecutrix was residing with her parents at Mahatpuri, Tq. Gangakhed, Dist. Parbhani. The parents of the prosecutrix at that time were working on the brick kiln of one Maruti Shinde. The appellant was also working on the same brick kiln and was residing in the neighbourhood. Subsequently, the appellant left the job of Maruti Shinde and was residing in a hut situated near the farmhouse of one Matin Seth. The incident occurred on 30.11.2009. It was market day. The father of prosecutrix had been to Hyderabad. The mother of the prosecutrix had sent her to her employer - Maroti Seth for collecting wages as it was market day. Accordingly, when the prosecutrix was proceeding near from the bus stop, the appellant who was selling custard apple there, called her saying that he would offer her custard apple and took her in his house and sexually assaulted her.

(2.) According to the prosecution the prosecutrix who at the material time was seven years old on returning back home disclosed about the incident to her mother. Her mother, there upon, examined private part of the victim and found swelling thereon. She also noted abrasion on the chick of her daughter. On next day, the father of prosecutrix returned back from Hyderabad to whom her mother disclosed about said incident and thereafter report came to be lodged by P.W. 5-Makbulbee mother of the prosecutrix.

(3.) On the basis of report at Exh. 21, offence came to be registered vide Crime No. 69 of 2009 by A.S.I. Rathod for the offences punishable under section 376 & 506 of the Indian Penal Code. The prosecutrix was referred to medical examination and her clothes were seized. Spot panchanama was drawn. On recording statements of the material witnesses, the investigation was concluded and charge-sheet was filed in the Court of learned Magistrate.