SURESH RATAN NADAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by the appellant is directed agains his conviction under section 376 and 302 of the Indian Penal Code and the sentence of rigorous imprisonment for seven years and imprisonment for life respectively imposed therefor by the learned IIIrd Additional Sessions Judge, Thane by his judgment and order dated 18th September,2000 in Sessions Case No.81 of 1999. The prosecution case in brief is as under :

(2.) The deceased Asha was the daughter of the complainant Barku Kamru Bhufane and was residing in village Chendavli. Asha was about 14 years old. She used to take the cattle of the family and also the cattle of couple of others in the village for grazing in the forest situate on the northern side of the village. She used to take the cattle for grazing at about 8 a.m. and used to return by about 5 to 6 p.m. everyday. On 24th October, 1998 as usual at about 8 a.m.Asha took the cattle to the forest. She was accompanied by Rajesh Sonu Guroda (PW 2) aged about 12 years and Parvatibai Shankar Tandel (PW6) aqged 61 years. Rajesh, Asha and Parvatibai who had gone to graze the cattle in the forest, sat together for lunch at about 2 p.m. and were sitting there. At about 3.30 p.m. the accused along with a young boy who was later identified as his brother and was separately tried as a juvenile offender, came there. The accused then lifted Asha and took her in the bushes. She was caused to fall down. Her nicker was removed up to the knee. The accused then slept over Asha and raped her. Thereafter in order that she should not disclose the incident, the accused took a stone and hit it on her head. Asha died on the spot. Rajesh and Parvatibai had witnessed the incident. They returned back to the village in the evening but out of fear did not narrate the incident to anybody that evening. Late in the evening Barku, the father of Asha, noticed noticed that Asha had not returned home from the forest though the cattle had come. He along with 4/5 villagers searched for Asha in the village, but as she was not found, he went to the forest with petromax lights and searched for her in the night. But Asha was not found and he returned home and slept at about 10 p.m. On the next morning (i.e. 25th October, 1998) at about 8.30 a.m. Barku along with other villagers again went to the forest and searched Asha. They found her body in the shrubs. They also noticed a big injury on her head and near the left cheek. The whole face was filled with blood. They also noticed a stone full of blood by the side of her body. Barku therefore came back and lodged a first information report (Exhibit 17) with the police at about 3.15 p.m. on 25th October, 1998.

(3.) The police initially suspected Rajesh and Parvatibai and called them to the police station. Their statement were recorded and they stated that the accused had raped Asha and killed her. After investigation, the police arrested the accused on 27th October,1998 at about 1.30 p.m.,under the arrest panchanama (Exhibit 10). After completing the investigation the police filed the charge sheet against the accused. The brother of the accused Janu who is alleged to have accompanied the accused was found to be a juvenile and therefore separate proceedings appears to have been taken out against him. The result of those proceedings is not before us.