SIDDHARTH Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Heard. The appellant is convicted for the offences punishable under Sections 376, 417 and 506 of the Indian Penal Code by learned Additional Sessions Judge, Malkapur in Sessions Trial No. 33 of 2012 (Old No. 121 of 2010).

(2.) The appellant is resident of village Sonbarad within the jurisdiction of Police Station, Dhamangaon Badhe, District: Buldana. Shri Ashok Ahire is maternal uncle of the victim and he was living in the same locality. House of the appellant was adjacent to the house of maternal uncle of the victim Aarti. Aarti was more than 16 years of her age at the time of the alleged incident. She was studying in 10th standard.

(3.) The incident occurred when parents, brothers and sisters of the victim had gone to Mumbai to earn their livelihood. It is alleged that the appellant had entered the house of the complainant after 56 days of departure of the parents of the complainant. He had sexual intercourse with the complainant on the pretext that the appellant would marry the complainant. This went on for few occasions. The appellant was regularly visiting the house of the complainant and was having sexual intercourse with the complainant. By the time parents of the complainant came back from Mumbai the complainant was pregnant by 4 1/2 months. She narrated the incident to her father. The matter was reported to police. The first information report was registered vide First Information Report No. 224 of 2010 at Dhamangaon Badhe Police Station. During the course of investigation statements of the witnesses were recorded, spot panchnama was drawn and after completion of investigation chargesheet was submitted in the Court of Magistrate. It was committed to the Court of Session for trial according to law.