ARJUN SAHADY HAJARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner was convicted of the offence punishable under section 376 of the Indian Penal Code and was sentenced to suffer RI for seven years and to pay a fine of Rs. 3,000/-, in default to suffer RI for six months. He was further convicted of the offence punishable under section 452 of the Indian Penal Code and was sentenced to suffer RI for two years and to pay a fine of Rs. 1000/- in default, to suffer RI for two months. The substantive sentences were directed to run concurrently by learned 3rd Assistant Sessions judge, Ahmednagar.

(2.) The matter was carried in appeal. Learned Sessions Judge, Ahmednagar dismissed the Appeal No. 51/1994 by his order dated 16-2-2000 confirming the order of conviction and sentence by the trial Court.

(3.) Relevant facts in nutshell are that prosecutrix-Lilawati (PW 6) got married with Laxman Hajare (PW 7) about 4-5 months prior to the occurrence. She was living in a rented room in the house of Kisan Hajare at Jawale, with her husband. Her husband had a cycle repairing shop near Bus Stand of the said village. The construction of the tapari was not complete and some articles were kept in the said shop. The father-in-law, mother-in-law and other relatives of the prosecutrix were separately living in a nearby house. As usual, on the day of occurrence i. e. on 26-3-1992 after taking meals Laxman (PW 7) went to the tapari for sleeping. The prosecutrix closed the door and went to sleep. The other occupants of the house namely, landlady and landlord and their daughter were sleeping on the terrace. On account of some sound during the night, when prosecutrix woke, she found petitioner Arjun Hazare looming large over her. He pulled her blouse by breaking the buttons. The prosecutrix cried for help but no one came to her rescue. As she was protesting the petitioner put the blouse in her mouth. He then committed rape and left the house. Immediately thereafter, prosecutrix raised pries for help. In response, landlord, landlady and their daughter came down from the terrace and saw the culprit leaving the house. Husband of the prosecutrix was called. The father-in-law of the prosecutrix was out of station, therefore, the couple waited for his arrival. After his arrival, parents of the prosecutrix were consulted and finally prosecutrix lodged complaint (Exh. 25) against the petitioner on 29-3-1992 with Jamkhed Police station.