SHAILESH MAHADEO LANJEWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 21/3/2022 passed by the learned Additional Sessions Judge, Chandrapur (for short 'the learned Judge'), whereby the learned Judge convicted the appellant/accused for the offences punishable under Ss. 366, 376(2)(f) and 376(2)(n) of the Indian Penal Code (for short 'the IPC') and sentenced him to suffer rigorous imprisonment for five (05) years and to pay a fine of Rs.2000.00, in default of payment of fine further directed to suffer simple imprisonment for six months for the offence punishable under Sec. 366 of the IPC and he is further sentenced to suffer rigorous imprisonment for fourteen (14) years and to pay a fine of Rs.2000.00, in default of payment of fine further directed to suffer simple imprisonment for six months for each of the offences punishable under Sec. 376(2)(f) and 376(2)(n) of the IPC.

(2.) Background facts PW-1/Prosecutrix is the informant. The crime against the appellant, who is her son-in-law, was registered on 23/12/2018. The prosecution case which emerges from the report and other material is that the prosecutrix is doing the business as a flower vendor at Golbazar in the vicinity of Chandrapur Bus Stand. There was marital discord between the appellant and his wife Deepmala. They have two daughters, namely Shravani and Vaishnavi. The wife of the appellant was residing separately at Nagpur. On 21/12/2018, the prosecutrix had received a phone call from her granddaughter Shravani. She informed prosecutrix that she was not feeling well. The prosecutrix promised her to come to Nagbhid and meet her. The prosecutrix was supposed to go to Nagbhid for that purpose.

(3.) It is stated that on 21/12/2018, in the evening, the appellant came to her shop and quarreled with her. The appellant told her to reunite his wife with him. The appellant at that time compelled her to accompany him to Nagbhid, where the Shravani was residing. The prosecutrix even otherwise wanted to go to Nagbhid to meet her granddaughter. She accompanied the appellant on the motorcycle. The appellant at village Lohara purchased country liquor. At about 10:00 p.m., on the way to Nagbhid, the appellant stopped his motorcycle and drank the country liquor. He told the prosecutrix that, as her daughter is not living with him, he wanted to establish physical relations with her. The prosecutrix was shocked, and she told the appellant that he should not talk like that as she was like his mother. However, the appellant did not pay any heed to her request. The appellant caught hold of her hand and took her in the jungle beside the road. The appellant beat the prosecutrix, brought her down on the ground and committed a forcible intercourse with her. After an interval of some time, he again committed sexual intercourse with her.