LAXMAN NARAYAN JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Taking exception to his conviction for the offence punishable under section 376 of the Penal Code and sentence of rigorous imprisonment for seven years and fine of Rs. 25,000/- or in default to suffer simple imprisonment for one year and six months, imposed upon him, the appellant Laxman Narayan Jadhav has filed this appeal.

(2.) Facts which gave rise to conviction of the present appellant are as under. On 23-4-2002 in the field of one Kisan Kakar in village Bibi, district buldhana, work of construction of temple was going on. Asha Mire and Sunita gaikwad were doing some work there. The appellant and one Bablu enquired about the work. At about 1. 00 p. m. Asha and Sunita stopped the work for taking lunch. While they were taking lunch, a deaf and dumb girl "y" came there and had lunch with them. "y" went to bring water to a well, about 60 ft. away, but the appellant and Bablu, who were present near the well, took "y" to a cattle-shed thereby. When Asha and Sunita went to the well to fetch water, they noticed "y" and the accused in the cattleshed while Bablu was standing near the well. "y" came out running and weeping. The frock, which "y" was wearing, was stained with blood. The accused too came out and asked Asha and Sunita to wash clothes of "y" which they refused to do in spite of threats.

(3.) Relations of "y" noticed uneasiness of "y", therefore, made enquiry with her. By making gestures she conveyed that she had been subjected to sexual assault. Y's relative Bhimrao lodged report, on which an offence was registered and investigation commenced. In the course of investigation, the appellant as well as Bablu were arrested and on completion of the investigation, while charge-sheet was sent against the appellant before the learned Judicial Magistrate First class, since Bablu was a juvenile offender, his case was referred to the Juvenile court. Learned Judicial Magistrate First Class committed the case to the Court of sessions at Buldhana.