RAVINDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against judgment and order of Sessions Case No. 27/1996 which was pending in the Court of Additional Sessions Judge, Aurangabad. The Trial Court has convicted and sentenced the appellant for offences punishable under sections 363, 366-A and 376 of Indian Penal Code. Maximum sentence of R.I. for seven years is given and all the substantive sentences are to run concurrently. Both the sides are heard.

(2.) Prosecutrix is a daughter of complainant Anna (PW 1). She was studying in 9th standard in a school from Zilla Parishad at Ladsavangi, Tahsil and District Aurangabad at the relevant time. At the relevant time, she was aged about 14 years. A sister of the appellant/accused was a friend of the prosecutrix and the prosecutrix used to visit the house of the said friend frequently. The accused was running a cycle shop at the relevant time near his house and so, he could develop sexual relationship with the prosecutrix. He promised her to marry with her and kept the relationship with her. She became pregnant.

(3.) Prosecutrix was carrying of about two months. On 11.10.1995 at about 8.30 a.m. when prosecutrix visited the house of accused, he took her to a field and there, he said that he would take her to Aurangabad where he would marry her. He took her first to village Adegaon (Sadak) and then to Aurangabad. In Aurangabad, accused took a room on rent basis where he kept the prosecutrix. Maternal uncle of the accused was making arrangement of their lunch, dinner etc. She was kept there till 18.10.1995.