SACHIN SHIVAJI BORKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant herein is convicted for the offences punishable under section 376(2)(f) of Indian Penal Code and sentenced to suffer rigorous imprisonment for 10 years and fine of Rs. 15,000/- in default to suffer rigorous imprisonment for 6 months. He is also convicted for offence punishable under section 506(II) of Indian Penal Code and sentenced to suffer rigorous imprisonment for 2 years in Sessions Case No. 357/2008 by Additional Sessions Judge, Greater Mumbai vide Judgment and Order dated 15/05/2009. Being aggrieved by the said Judgment and Order, appellant has filed the said appeal. Such of the facts which are necessary for the decision of this appeal are as follows.

(2.) On 24/12/2007, Shankar Shinde lodged a report at Versova Police Station alleging therein that he is the father of the victim girl who is studying in Municipal Corporation School in 3rd standard. On 22/12/2007, he had been for work at 6.00 am. He returned from his work at about 5.00 pm. At that time, victim girl was sleeping in the house. His younger daughter Sunita informed him that the salwar on the person of victim was drenched with blood. He inquired with his daughter (victim) about the same. She informed that Sachin (Present appellant) who lives in the neighbourhood has ravished her. She further informed her father that at about 12.00 noon, she had been to watch T.V. to his house. He was alone at home. He closed the door from inside, denuded her of her wearing apparel and had ravished her. He had also asked her to maintain silence. His daughter (victim) was taken to the hospital. She was examined by Dr. Ganesh Shinde. He referred her to Amboli Hospital, Andheri. He had discussed the matter with his relatives and thereafter lodged the F.I.R. On the basis of the said report, crime no. 289/07 was registered at Versova Police Station against present appellant for offence punishable under section 376 & 342 of Indian Penal Code. After completion of investigation, charge-sheet was filed on 12/03/2008. The case was committed to the Court of Sessions and registered as Sessions Case No. 357/2008. The prosecution examined 9 witnesses to bring home the guilt of the accused.

(3.) P.W. 1 is the victim herself. She has deposed before the Court that she attends the school at Sat Bungalow. The timings of her school are from 1.00 pm to 5.00 pm. She has identified the accused in the Court and has deposed that he resides near her house at Sat Bungalow and that he has television set in his house. She has further deposed that she does not attend the school on Saturday. The day of incident was Saturday. At noon, she had been to the house of Sachin for watching television. He was alone at home. He had giver her one packet of biscuits and locked the door from inside. Thereafter, he had gagged her mouth with a piece of cloth and denuded her of her clothes. Thereafter, he had ravished her. She has further stated that he had dressed her and asked her to go home. She had informed her parents when they came back from their work. She had not informed her sister about the said incident. Her sister had inquired with her about the blood stains on her clothes. She has identified her clothes which she was wearing at the time of incident. It is elicited in the cross-examination that the house of the accused is on the way leading to the seashore. She goes to the seashore for playing alongwith other children. It is further admitted that the hut of the accused is covered by plastic paper and goni bags. That one can see what is happening in the house of Sachin from the road. There is another hut in front of his house and one hut near to his house which belongs to a carpenter namely Gangaram Mistri. She has specifically admitted in the cross-examination that on Saturday, she does not attend school since it is half day school. Her mother does not send her school on Saturday. She has further admitted that on that day, in the morning, she had gone to play. She was playing alone. She returned home at about 1.00 pm and at that time, she was wearing her blue school uniform. She has also admitted that her father had taken her initially to private hospital and thereafter, they had returned home. The victim has further admitted that while she was returning home after playing, she stood before the house of Sachin for watching T.V. That there is a pit in front of the house of Sachin. Rest of the suggestions are denied.