JIBHAU VISHNU WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant being aggrieved by the judgement and order dated 30-1-1995 passed by the Additional Sessions Judge Dhule in Sessions Case No. 134 of 1994 convicting him under Sections 376, 341 and 342 of I. P. C. and sentencing him to undergo 5 years R. I. under the first count; 6 months R. I. under the third count but awarding no separate sentence under the second count, has come up in appeal before me.

(2.) THE prosecutrix Ashabai Khavale (P. W. 1) aged about 8 years is a resident of Tamaswadi, Taluka Sakri, District Dhule. The appellant is also a resident of the aforesaid village. On 27-7-1994 at about 1. 00 p. m. , the prosecutrix had gone to a grocery shop for purchasing oil. While on way to the grocery shop, the appellant caught her and took her to a flour mill. Thereafter, he removed her nicker and committed rape on her. She cried as a consequence thereof, but nobody came to her rescue. The appellant told her that she should wash her clothes; otherwise, he would throw her in the well. Thereafter the prosecutrix came to her house and went to sleep outside on Ota. After sometime, her mother Sushilabai Khavale (P. W. 2) awakened her and enquired from her as to what was the matter; whereupon she replied that the appellant had raped her. Sushilabai Khavale went to the house of the appellant and the appellants brother Daulat lifted her; threw her on the gorund; and also assaulted her. Meanwhile one Yashwant came and asked Daulat whether he wanted to kill Sushilabai; whereupon Daulat left her.

(3.) THE same day, Sushilabai along with her husband, police patil, etc. came to police station Sakri and lodged an F. I. R. there. From Police station, the prosecutrix Ashabai was sent for medical examination.