MAHESH NARAYAN SAHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 9-9-2004 passed by the Additional Sessions Judge, Gadchiroli in Session Trial No. 39/96 whereunder the appellant herein was convicted for the offence punishable under section 376, Indian Penal Code and sentenced to suffer R.I. for seven years and to pay a fine of Rs. 500/- in default to undergo R.I. for one month.

(2.) The prosecution case in brief is that on 6-9-1995, at about 2 to 3 P.M., the prosecutrix Ku. Pachobai Zhitu Sarpam, then aged about 21 years, resident of Ghugava, Taluka Korchi, District Gadchiroli, was planting chili crops near her field on the bank of nallah. When she was digging for plantation, the appellant arrived there on his bicycle and came near her stealthily and held and pulled her. He attempted to remove her saree, but because of the resistance offered by her, he could not do so. However, the appellant overpowered her and then felled her down and removed her saree. He then took out his full-pant and on falling on her, committed sexual intercourse, in spite of her resistance. She shouted, but the appellant pushed dupatta in her mouth and threatened to kill her in case she raises shouts. At that relevant time, when the accused was committing sexual intercourse, a person named Sukhdeo Katenge (P.W. 3), who was fishing in the nullah, heard the shouts and cries of the prosecutrix and hence, he rushed to the spot. He saw the appellant committing sexual intercourse with the prosecutrix. When he reached to the spot where the appellant was sexually seducing the prosecutrix, the appellant stood up and started wearing his full-pant and then he attempted to leave the spot. By that time, one Devlu Zhitu Sarpam, the brother of the prosecutrix, on hearing the shouts of the prosecutrix, came to the spot. His sister, the prosecutrix narrated the entire incident of rape by the appellant, to him. Devlu, in turn, asked the appellant as to why he did such an evil act. That time, the appellant attempted to run away, but he was obstructed by Devlu by caught holding him by his collar and asked him to accompany with him to the house of Police Patil. That time, the accused told that he had committed mistake and he, therefore, sought apology, but then the accused, giving jerk, ran away. Devlu, taking with him his sister the prosecutrix, went to the house of Police Patil and narrated the incident to him.

(3.) By that time, it was evening and hence the prosecutrix accompanied by her mother, went to the Police Station Purada on the next day, i.e. on 7-9-1995. She was interrogated by the then A.S.I. Jayant Mungelwar (P.W. 4) to whom she narrated the incident orally which was redu<FV>Appeal dismissed</FV>ced into writing vide Exh. 25, and on the basis of that, an offence under section 376, Indian Penal Code was registered vide Cr. No. 39/95.