DHANRAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The prosecution case in brief is that the appellant and the victim girl are residents of one and the same village and they are neighbours. On 27 11 2010 victim Rita, who was studying in 4th Standard, had returned from school at about 11 00 a.m. She was playing in the open place at about 5 00 p.m. The appellant had taken the victim girl in his house on the pretext of providing her a chocolate. It is alleged that the appellant removed her clothes and committed sexual intercourse with the victim girl. The victim girl reported the matter to her mother and police complaint was lodged on next date. The victim girl was sent for medical examination. The Medical Officer was not able to give any definite opinion about the rape as there were no external injuries or injuries on the genitals of the victim. Hymen was also found intact. After recording of statements of the witnesses and completion of investigation, charge sheet was filed.

(3.) The case came up for hearing before the learned Additional Sessions Judge, Nagpur, who framed a charge under Section 376(2)(f) of the Indian Penal Code against the appellant. The appellant pleaded not guilty and claimed to be tried.