DEEPAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant is convicted by learned Additional Sessions Judge, Wardha, on 10th May, 2013, in Special Case No. 7 of 2012, by which he has convicted him of offence punishable under Section 376 (2) (f) of Indian Penal Code, and is sentenced to suffer Rigorous Imprisonment for ten years and to pay a fine of Rs. 5,000/-, and in default, to undergo Rigorous Imprisonment for three months.

(2.) Sau. Sunanda [PW 4] is the mother of the prosecutrix. On the day of the incident, namely 15th October, 2011, her husband left the house for a labour work of harvesting Soyabean on a thresher. Sunanda was also required to leave her house for a job of plucking cotton in the field of one Narendra Patil.

(3.) On the day of the incident, after finishing her labour work, when Sunanda [PW 4] returned to her house, she noticed the prosecutrix weeping. Naturally, she made an enquiry with the prosecutgrix, upon which it was revealed to her by the prosecutgrix that prior to half an hour of Sunanda reaching the house, while the prosecutrix was combing her hair, the appellant entered the house. It was disclosed by the prosecutrix that her mouth was gagged by the appellant, he removed his and her clothes and thereafter he inserted his private part in her private part, due to which she suffered pain. On getting this information, Sunanda called her husband and thereafter approached the Police Station.