GOVIND PANDURANG KADALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant herein is convicted for offence punishable under section 376 r/w 511 of Indian Penal Code and is sentenced to suffer rigorous imprisonment for 3 years and 6 months by Ad-hoc Additional Sessions Judge, Nashik vide Judgment and Order dated 04/11/2011 in Sessions Case No. 183 of 2011. Hence this appeal. Such of the facts which are necessary for the decision of this appeal are as follows.

(2.) On 16/6/2010, Kavita wife of Chotu Shergil lodged report at Panchavati Police Station alleging therein that on that day, i.e. on 16/6/2010, at about 9.00 am, she along with her husband had left for work. They returned home in the evening. On their way, they had been to the house of her sister-in-law at Mary Colony, Panchavati. While they were there at about 8.00 pm, her brother-in-law, Ketan informed them telephonically that their daughter (victim) had been for play. She was picked up by the present appellant, who was working as watchman on the construction site of row houses. He had denuded her of her clothes. The first informant and her husband immediately rushed home. They saw their daughter was crying. Upon inquiry, victim informed her mother that at about 7.00 pm, when she was playing in the house, accused had called upon her and informed her that her father had called her home and that she should accompany him. She reposed faith in him and accompanied him. He had taken her to a room on the site which was under construction. He had denuded her of her clothes and had attempted to kiss her. She thereafter, raised hue and cry. Her uncle Ketan had heard her hue and cry and had rescued her from the clutches of the accused. On the basis of her report, Crime No. 310/2010 was registered at Panchavati Police Station for offence punishable under section 375 r/w 511 and section 354 of Indian Penal Code. Accused was arrested on 17/6/2010. Investigation was set in motion. After completion, charge-sheet was filed on 31/3/2011. Accused was enlarged on bail on 30/7/2010 and was on bail during the pendency of the trial. The case was committed to the Court of Sessions and registered as Sessions Case No. 183 of 2011. Prosecution examined 4 witnesses to bring home guilt of the accused.

(3.) P.W. 1 Ketan Shergil happens to be the paternal uncle of the victim. He is an eye witness to the incident. He had rescued the victim from the clutches of the accused. He has deposed before the Court that on 16/6/2010, when he was returning home from work, he had heard voices of his niece. She was trying to shout. Initially, he had not paid any attention. After sometime, he met his mother who inquired with him as to whether he had seen the victim girl. He had replied in the negative. They both started looking out for the victim as she was hardly 7 years old. When he was passing through the construction site of the row houses, he again heard the same sound and therefore he peeped into the row house. He saw the accused with the victim. Accused had denuded the victim of her clothes and was sitting on her person. He was attempting to kiss the minor girl. Upon seeing P.W. 1, accused started to flee from the rear door of the said row house. The victim was crying. P.W. 1 then followed the accused and apprehended him near the brick kiln. He brought him near the house. Thereafter, the victim girl had informed everybody that while she was playing infront of the house in the evening the accused had told her that her father had called her near the shop. She believed him and went with him. Thereafter, she was carried by the accused to the scene of offence. His sister-in-law i.e. mother of the victim has lodged the report.