SHAMIM ANWAR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant, who stands convicted by the Judgment and Order dated 16th September, 2006 in Sessions Case No.93 of 2006, delivered by the Additional Sessions Judge, Thane for the offences punishable under Sections 376 and 506(2) of the IPC and sentenced to suffer life imprisonment and to pay fine of Rs.5,000/-, in default to suffer R.I. for 20 days, by this Appeal challenges his conviction and sentence.

(2.) Facts, as are necessary, for deciding this Appeal may be stated as follows :-

(3.) It is alleged by the Prosecution that about one and a half year before lodging of the complaint, one day, while Prosecutrix was alone in the house, the Appellant committed forcible sexual intercourse with her and thereafter threatened her not to disclose about the same to anyone. Being frightened, she remained quiet as she had apprehension due to threatening given by the Appellant that he may kill her and her mother. The Appellant then continued to rape her once or twice in a week for a long period of two to three months, as a result of which, she became pregnant. When she complained about pain in stomach, she was taken by her mother to PW-3 Dr. Nemichand Jain. Her sonography was performed, which revealed her pregnancy. Then she was admitted in the hospital of Dr. Dongre, where she delivered a male child.