MANGAL AKNATH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition, the petitioner impugns order of conviction and sentence passed by Assistant Sessions Judge in Sessions Case No. 29/1984 by order dated 22-1-1985, convicting the petitioner of the offence punishable under section 376 of the Indian Penal Code and sentencing him to suffer R. I. for two years and to pay a fine of Rs. 500/-, in default, to suffer R. I. for six months, and the order passed by the Appellate Court in Criminal Appeal no. 7/1989 on 10-3-1998, confirming the order of conviction and sentence passed by the Assistant Sessions Judge, Jalgaon.

(2.) Briefly stated the relevant facts are that Pratap Hari Patil is native of village Adgaon. Tq. Chopada, District Jalgaon. His cousin and petitioner own lands. The field of Gokul is adjacent the field of petitioner. During the relevant period, prosecutrix, who is daughter of Pratap, was seven years old. On 14-12-1983 at noon, the prosecutrix carried tiffin for her father in the field. After handing over the tiffin, she started back for the home by the cart road known as bor-Ajanthi road. While she was passing through the field of Ratilal Dhangar (PW-4) , the accused caught hold of her, threw her on the grass, closed her mouth with his hand and committed rape. Immediately after the occurrence, the prosecutrix disclosed this fact to her cousin uncle Gokul Amrut Patil. Gokul took her to Family Physician - Dr. Borole. Dr. Borole examined her and advised gokul to lodge a report. Doctor did not stop at giving advice, but had taken the victim and complainant Gokul to Chopada police station, where Gokul lodged the report. On the basis of this report, offence punishable under section 376 of the indian Penal Code, came to be registered against the petitioner. The prosecutrix was then sent for medical examination. After completion of the investigation, charge-sheet came to be filed in the Court of Judicial Magistrate First Class, chopada. The Case was committed to the Court of Session. At the conclusion of the trial, learned Assistant Sessions Judge, Jalgaon found that the evidence disclosed commission of offence punishable under section 376 read with section 511 of the Indian Penal Code. This being a lesser offence of the same kind, he convicted the petitioner for the said offence by his order dated 22-1-1985 and sentenced him to suffer rigorous imprisonment for two years and to pay fine of rs. 500/-, in default to suffer rigorous imprisonment for six months.

(3.) The matter was carried in appeal. Learned Additional Sessions Judge, amalner, confirmed the order of conviction and sentence by his order dated 10th of March, 1998, dismissing the Criminal Appeal No. 7/89. These orders of the courts below are impugned in the present revision petition.