SACHIN RAMESH ATHAWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the Judgment and order, dtd. 20/8/2022, passed by the learned Extra Joint District Judge and Additional Sessions Judge, Akola, whereby the learned Judge convicted the appellant/ accused for the offences punishable under Ss. 376(2)(n), 452 and 506 of the Indian Penal Code (for shot, 'the I.P.C.'). He is sentenced to suffer rigorous imprisonment for a period of 10 years and to pay a fine of Rs.5,000.00, in default to suffer further simple imprisonment for six months for the offence punishable under Sec. 376(2)(n) of the I.P.C., rigorous imprisonment for two years and to pay a fine of Rs.3,000.00, in default to suffer further simple imprisonment for three months for the offence punishable under Sec. 452 of the I.P.C., rigorous imprisonment for one year and to pay a fine of Rs.1000.00, in default of payment of fine to suffer further simple imprisonment for one month for the offence punishable under Sec. 506 of the I.P.C.

(2.) Background facts:

(3.) On the next day, i.e. 24/2/2019 her brother had gone to the house of his maternal uncle at village Babhulgaon. In the night of 24/2/2019, the victim was alone in the house. The appellant, in the night, secured the entry in the house by opening the latch. The appellant removed the clothes of the victim and committed forcible intercourse with her. On the next day, her brother came back from Babhulgaon. The victim was weeping. On inquiry by her brother, she narrated the entire incident to him. Brother Jignesh then made a call to his parents, who were at Bharuch and informed them that the victim was continuously crying and they should return back to their village, Chikhalgaon. The parents came back to their village on the next day. The victim narrated the incident of rape on her to her parents. The victim told her parents to lodge the report against the appellant. The mother was reluctant to lodge the report. The mother told them that reporting of incident to the police would defame the victim and family. It would be difficult to find a match for the victim in future. It would be very difficult to find a match for her for the marriage. The parents therefore, took the victim with them to Bharuch. After returning back to Bharuch, the parents of the victim met the father of the appellant and brought to his notice the incident. The parents of the victim suggested the father of the appellant to perform the marriage of the appellant with the victim. The father of the appellant did not agree to this suggestion. On the contrary, he told the parents of the victim that they were free to do anything against the appellant. It is stated that thereafter the parents returned back with the victim to their village, Chikhalgaon. They went to Patur Police Station and lodged the report.