ATUL SHANKAR ALBAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal arises out of judgment and order dtd. 7/12/2020 passed by the learned Additional Sessions Judge, Nashik in Special Sessions Case No.311 of 2017, by which the present accused are held guilty and are sentenced for the offences as below :-

(2.) The case of the prosecution in short is that the Applicant No.2/Sushila runs an institution for destitute girls under the control of Zilla Adivasi Mahila Hakka Sarakshan Samiti, Peth, District Nashik. She is director of the institution. Appellant No.1/Atul is her son. The victim girl was admitted in the institution in 2013. She was 14 years of age and studying in 8thStandard. The institution is run for the girls, till they attend majority. After attaining majority, the girls are shifted to other institutions. In 2017, the victim became major and was required to be shifted to other institution for major girls. The accused No.2 therefore took the victim to one Anurakshan Gruha for her admission at Nashik. At the Anurakshan Gruha, the victim was medically examined. While having talk with the in- charge and the staff members of the Anurakshan Gruha, the staff members suspected something had happened with the victim. The victim was taken into confidence. In the conversation, she disclosed that in Diwali Vacation, in October, 2015, the Appellant No.1 called her to the office room. On her refusal, he dragged her inside the office, closed the door, gagged her mouth, removed her clothes and committed rape on her. He threatened her not to disclose the incident to anyone. The victim informed this incident to Appellant No.2. The Appellant No.2 however scolded the victim and also threatened the victim not to disclose the incident to anyone by saying that it is in fact the victim who was after the accused No.1. It is because of this the accused No.1 gathered courage and repeated such acts again. Though the victim informed such an incident to another inmate nothing could happen. On coming to know this, Superintendent of Anurakshan Gruha and others, who were present at that time, took the victim to Mumbai Naka Police Station on 17/7/2017. The victim narrated the incident to the Police. The Police at Mumbai Naka Police Station registered the offence as number Zero and transferred the same to Peth Police Station. It is thereupon the Peth Police Station registered the Crime No.34 of 2017.

(3.) After registration of the crime, investigation was carried. After completion of investigation, collection of evidence and recording of statement of the witnesses, a charge-sheet came to be filed. A statement of victim was also recorded under Sec. 164 of CrPC.