VIJAY PRAHLAD WARANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted by the Additional Sessions Judge, Khamgaon by his judgment dated 24th July, 1998, for the offences punishable under Sections 342 and 376 (2)(f) of Indian Penal Code. He has been sentenced to suffer R.I for one year and to pay fine of Rs. 500/-, in default to suffer further R.I for two months for the former offence and R.I for 10 years and fine of Rs. 5000/-, in default to suffer R.I for one year for the later offence.

(2.) The appellant was resident of village Tunki Bk., within the jurisdiction of Tamgaon Police Station, District Buldhana. He was staying with his family members in the said village. Bhaskar Namdeorao Lokhandkar (PW-2), father of the victim girl, was staying with his family members in the neighbouring house. He had two daughters viz., Prabhawati and Urmila. His younger daughter Urmila was about 8 years old at time time of alleged incident of wrongful confinement and rape. Her date of birth is 23rd April, 1985.

(3.) The alleged incident had occurred on 20th July, 1993 at about 6.30 or 7 p.m at the house of the appellant. The younger daughter of Bhaskar (PW-2) Ms.Urmila was called by the appellant in his house and he had inserted his penis in vagina of Urmila. Thus, forcible penetration had resulted into bleeding. The appellant thereafter asked Ms.Urmila (PW-1) to wear her underwear and go home. However, her underwear was soaked with blood, the same was washed by the appellant and she was again asked to wear the same and go home. She was directed by the appellant that she should not disclose any of the facts to her family members as the police report may result into arrest of the appellant and PW-1. PW-1 went home and did not disclose anything to her family members. She was, however, crying and ultimately she had disclosed the true facts and narrated the incident to her sister and mother. The matter was reported to the Police at about 7.30 a.m. On 21st July, 1993. At this stage, it may be noted here that the Police Station was about 18 kms., away from the Village. First Information Report No. 123 of 1993 was registered under Section 376 of Indian Penal Code against the appellant on the complaint given by PW-2. Statement of PW-1 was recorded. Statements of her family members were also recorded and she was referred to Medical Officer of Sonala. The Medical Officer, however, was of the view that she needed to be shifted to General Hospital, Khamgaon. Accordingly, she was taken to General Hospital, Khamgaon on the next day at about 8 a.m. She was examined by the Medical Officer. The Medical Officer had taken vaginal swabs and had handed over to the Police.