TEJENDRA BHASKAR AHIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under Sections 376 and 506 (II) of Indian Penal Code and sentenced to suffer R.I. for seven years on both the counts by Ad-hoc Assistant Sessions Judge, Borivali Division, Dindoshi, Mumbai, vide judgment and order dated 28.4.2011 in Sessions Case No. 99 of 2010. Hence, this appeal. Such of the facts necessary for the decision of this appeal are as follows:-

(2.) PW-1 is the victim. She has deposed before the Court that the trauma which she had to go through at the house of her sister. According to her, at the time of incident, she was in fact studying at Ashram Shalaat Nagpur. She had come to Mumbai for her Diwali vacation and had been to her mother's house at Kandivli. 2-3 days thereafter, she had been to the house of her sister Sheela at Aarey Colony. On the day of the incident, she was in the house, whereas her sister had been for work. The accused had asked her to prepare tea for himself. Thereafter, she was asked to massage his head and at that time he had ravished her. She had attempted to rescue herself from the clutches of the accused. However, she could not succeed. She was restrained from informing the incident to anybody as the accused had threatened her that in the eventuality she disclosed the incident to anybody, he would divorce her sister. The victim had to maintain silence.

(3.) The victim has further deposed that one week thereafter, she had been to the house of her sister Sheela when the accused repeated the same incident. Thereafter, she had been to the house of her brother at Charkop. Being a close relative, the accused had visited the house of her brother and had again ravished her. The same incident was repeated 4-5 weeks thereafter. The victim had then gathered courage and informed the said incident to her sister Sheela. Her brother had also enquired with her. With great courage, she had narrated the incident to her brother and then her brother had brought her to the police station and lodged the report.