PRAKASH NIMBAJI KAPADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) TAKING exception to his conviction for offences punishable under Sections 376 and 506 of the Penal Code and sentence of rigorous imprisonment for seven years and fine of rupees two thousand and rigorous imprisonment for one year and fine of rupees five hundred on each count imposed upon him by the learned 2nd Ad hoc Additional Sessions Judge, Washim, the accused in Sessions Trial No.130 of 2003 before the learned Judge has preferred this appeal.

(2.) FACTS, which led to prosecution of the appellant are as under : On the night of 7-4-2003, Deepmala, her brother Anand and sister Jyoti were alone in their house. Their father Deepak and mother Geetabai having gone to nearby village, appellant Prakash and one juvenile offender Sanjay entered the house of Deepmala and committed rape upon her. Next morning, after her parents arrived, a report of outraging modesty and criminal intimidation was made. Rape was not reported to avoid any complication in marriage of Deepmala, which was about to be settled. Thereafter, a report of rape was given. Police accordingly registered necessary offence and after completion of investigation, sent a chargesheet for offences punishable under Sections 354, 506 and 376.

(3.) I have heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the State.