DEEPAK BABASAHEB GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Sandeep Karnik, learned Legal-aid counsel appearing for the Appellant. Also heard Mr. G. P. Mulekar, learned APP appearing for the State/Respondent No.1 and Ms. Deepa Punjabi, learned Legal-aid counsel appearing for Respondent No.2.

(2.) This criminal appeal, preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) arises out of the judgment and order dtd. 30/9/2015 passed by the learned Additional Sessions Judge, Nashik in connection with Sessions Case No. 106 of 2014, whereby the sole Appellant was convicted for committing the offence punishable under Ss. 376(2)(f), 377 and 363 of the Indian Penal Code (IPC). For committing the offence punishable under Sec. 376(2)(f) of the IPC, the Appellant/Accused was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000.00; for the offence punishable under Sec. 377 of the IPC, he was sentenced to suffer rigorous imprisonment for life and also to pay fine of Rs.5,000.00; and for the offence punishable under Sec. 363 of the IPC, he was sentenced to undergo rigorous imprisonment for 3 years and to pay fine of Rs.5,000.00. All the sentences were to run concurrently.

(3.) The prosecution story, as unfolded from the material on record, is to the effect that the victim is the daughter of Complainant - Sanjay Babasaheb Gaikwad, who was aged about 3 years at the time of the incident. The brother of the Complainant, viz., Deepak Babasaheb Gaikwad i.e. the Accused/Appellant had come to the house of the Complainant on 3/10/2013 at around 10 a.m. and took the victim girl with him from the custody of her mother on the pretext of purchasing new dresses for her. The victim, however, did not return home. A missing complaint was, therefore, lodged by the father of the victim on 3 rd October, 2013. Thereafter, he had lodged a report on 4 th October, 2013, based on which Crime No. 313 of 2013 of Ambad Police Station was registered. After four days from the date of her disappearance, the victim was found at the Mumbra Railway Station by the search team lead by a PSI who was accompanied by the father of the victim. At that time, she was in a naked condition with her knicker removed. The victim was then shifted to Ambad Police Station. At that time, the victim girl wanted to answer nature's call for which her mother had rendered the necessary assistance. Then the victim complained of pain in her lower abdomen. When the complaint regarding abdominal pain was examined by the mother of the victim, it transpired that there were injuries and swelling in the private parts of the victim. On being enquired by her mother, the victim had narrated that the Accused had committed sexual assault on her. The victim had stated that the accused had removed her knicker and inserted his private part into her private part. When she started crying, he had shut her mouth and slapped her.