UMESH RAMESH SUPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted for the offence punishable under Section 376(2)(f) of the Indian Penal Code. The victim girl was aged about 2 1/2 years at the time of incident. It was alleged before the trial Court that on 15th April, 2010, the appellant had picked up the victim girl Prerna while she was playing in her court-yard and had taken her to his old house. It is further alleged that the appellant had committed rape on the victim girl. The mother and the grandmother of the victim girl were present in their court-yard when the victim girl was taken by the appellant. After some time, mother and the grand-mother heard cries of the victim girl and they rushed to the old house of the appellant. The victim girl was lying necked and appellant was trying to wear his trouser. The matter was reported to the Police. The First Information Report was registered.

(2.) During the course of investigation, statements of witnesses were recorded and victim girl was sent for medical examination. The Medical Officer found that labia majora and labia minora were swollen & red and lacerations were present on the inner walls of vagina. Hymen was found torn. The vaginal swabs were sent for report of Forensic Science Laboratory. Bleeding or semen was not detected on vaginal swabs. However, the laboratory had reported that semen was found on the underwear of the appellant.

(3.) It is also alleged that the father of the victim girl had questioned the behavior of the appellant. The appellant had threatened to kill father of the victim girl. A charge for the offence punishable under Sections 376(2)(f), 504 and 506 of Indian Penal Code was framed by the learned trial Judge. The appellant pleaded not guilty and claimed to be tried. He has been acquitted of the offences punishable under Sections 506 and 504 of Indian Penal Code and has been convicted for the offence punishable under Section 376(2)(f) of Indian Penal Code.