SHRIRANG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. The appellant has been convicted for the offences punishable under Sections 376(2)(f) and 323 of the Indian Penal Code. He has been sentenced to suffer rigorous imprisonment for seven years for former offence and rigorous imprisonment for seven years for the later offence.

(2.) The appellant is close relative of victim girl Neha. The complainant is also relative of the victim as well as the appellant. Complainant Mrs. Sonali Vinod Chavan was resident of Kalewadi in Gewrai tahsil of Beed district. Her husband had three sisters by name Mrs. Vjutai, Mrs. Savita and Mrs. Amruta. The victim girl was daughter of Savita and Sukhlal Gade. The victim girl was left at the house of appellant at Vilasnagar, Amravati by her parents as they had gone to Karnataka State for some job work.

(3.) It is the case of prosecution that on 9th April, 2011 the appellant was one of the drivers of truck No. MH27X 535. He had one co-driver also with him. The victim girl Neha was travelling with the appellant from Amravati and she was to be dropped at the house of the complainant. It is also the case of prosecution that the small child was sexually assaulted by the appellant on upper berth located in the cabin of driver of the said truck when the truck was being driven by the second driver. The girl was left at the house of the complainant on 10th April, 2011 at about 2.30 p.m. The appellant had his lunch at the house of the complainant and he hurriedly left the complainant's house. The complainant later on noticed that there was lot of injuries on the person of Neha including some injuries on her private parts. The inquiries made from the girl child revealed that she was sexually assaulted by the appellant. The matter was, therefore, reported to police. The girl was examined by the Medical Officer. The Medical Officer found following injuries on the person of the victim girl.