ANANTA NATHU DAHIBHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is challenging the Judgment and Order passed by the Additional Sessions Judge, Kalyan, in Sessions Case No. 1248/96. By the said Judgment and Order dated-29th March, 2000, the Additional Sessions Judge was pleased to convict the accused for the offence punishable under Sections 341, 323, 376 (2) (f) and 377 of the Indian Penal Code and sentenced him to under go Rigorous Imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to suffer Rigorous Imprisonment for three years.

(2.) The prosecution case in brief is that the complainant, aged about12 years and Surekha, aged about12 years were going to attend the tuition classes in the morning. At that time, the accused was proceeding on bicycle from that lonely and isolated place. THE accused asked the direction to go towards Ambernath and Surekha accordingly gave the direction to the accused. THEreafter, the accused chased both the girls, slapped prosecutrix and assaulted her on the eye and chest and forcibly committed rape on her. She instead of going to the tuition class, went home and narrated the incident to her mother who in turn informed her husband. Initially, they were reluctant to file FIR, however, the neighbours told them to lodge the complaint and accordingly, after two days, the complaint was lodged. THE prosecutrix gave the description of the accused. THEreafter, the accused was arrested. Both the girls identified the accused in the identification parade. THE appellant had confessed and made a statement before the Special Executive Magistrate under Section 164 of the Cr. P. C. that he had committed the said offence and in addition that he had committed six more offences. He stated that he had committed rape on three girls aged about four years separately after removing ornaments from them and his modus operandi was a lonely girl found on the lonely road, he would rape her and remove her ornaments. THE trial Court convicted the accused for the aforesaid offence and sentenced him to suffer Rigorous Imprisonment for life.