SHAILESH DHARMAJI WAHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant who is convicted for the offence punishable under section 376 (2) (f) of Indian Penal Code and sentenced to suffer rigorous Imprisonment for 10 years and fine of Rs. 5000/- and default sentence for 6 months is in appeal before this Court.

(2.) According to the prosecution, the prosecutrix Ku. Swarna d/o Laxman chauhan aged 11 years was raped. The First Information Report was lodged. As narrated in the First Information Report, the Prosecutrix has taken she buffaloes for grazing near Taj Mehandi Baba Temple in the village Virli (Khandar). At that time one boy of Katurli village who was wearing black cloths was sitting in the said temple and whose face is said to be known to the prosecutrix was initially accompanied by Atul Ukey. Atul Ukey later on went away, from that place and the prosecutrix was alone there. The accused took the prosecutrix in the temple, gagged the mouth of the prosecutrix with one hand and removed her nicker by his another hand. He then inserted two fingers of his right hand in her vagina and moved the fingers in and out. Thereafter, he made the prosecutrix lie down on the ground, removed his full pant and underwear, slept on the prosecutrix and inserted his pennies in her vagina. He told her not to disclose the incident to anybody and ran way towards Katurli on bicycle. On an enquiry to Atul Ukey, he told that the person with black cloths was Shailesh Wahane, resident of Katurli.

(3.) The prosecutrix was referred for medical examination. After the medical examination, the doctor recorded her findings and observations as follows: "1) She is not fit for intercourse. 2) Hymen is found ruptured. 3) Intestas (Opening) of vagina is found oedematus and radish. 4) Vagina is strained and blood. 5) Radish and oedematus Vagina is due to intercourse. 6) There are no other signs on any part. 7) She is not having any problems during walking. 8) Blood samples and vaginal swab is taken. "