TEKARAM KRISHNA GHORMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application under section 397 read with section 401 of Criminal procedure Code the applicant takes exception to the order passed by the learned Sessions judge, Bhandara in Criminal Appeal No. 01/ 2004, against judgment and order of conviction and sentence passed in Sessions Trial No. 65/ 2002 by the learned 2nd Ad-hoc Assistant sessions Judge, Bhandara dated 18-12-2003, convicting him for the offence punishable under section 376 of I. P. C. and sentencing him to undergo R. I. for 7 years and to pay fine of rs. 5,000/-, in default to suffer S. I. for 2 months, wherein the conviction of the applicant accused, was maintained for the offence under section 376, however, his sentence was modified to 4 years R. I. enhancing the fine to Rs. 10. 000/- in default to suffer S. I. for five months.

(2.) Facts of the prosecution case as summarized by the learned Judge needs to be mentioned. On 29-05-2002 prosecutrix had given her hair band to the mother of the accused- Tekram Ghormare. The mother of the accused had gone to the field directing the said prosecutrix to collect it at noon from her house. At about 4. 00 p. m. she went there. Accused was alone in the house. Accused asked her to take it from the house. When she came inside the house, accused caught her hand and took her in the inner room of the house. She tried to give jerk and escape, but to no effect. Accused made her to lie down on the ground, removed her clothes and also his own clothes; when she started crying, the accused gagged her mouth and committed sexual intercourse with her forcibly. Some persons had gathered in front of the house of the accused, as such She stayed there for some time and thereafter accused took her out of the house through the rear door and she went towards the tank and after some time she again returned and asked him to reach her to her father's house. She was taken to her house. On reaching home, the prosecutrix disclosed about the incident to her parents, then meeting was held. At about midnight prosecutrix's father took her to police station, where she lodged report. The offence was registered bearing crime no. 88/2002 under section 376 of Criminal Procedure Code. Later on the investigation was carried out. During the investigation the Investigating Officer recorded statements of witnesses, collected clothes, same were sent to Chemical Analyser, prosecutrix was sent for medical examination and after due investigation the charge-sheet was filed against the applicant - accused. In turn the case was committed to the court of Sessions wherein the learned Ad-hoc Assistant Sessions Judge held trial for the offence under section 376 I. P. C. bearing Sessions Trial No. 68/2002. After the trial and hearing the prosecution and the defence, the learned Trial Judge, found accused guilty of the offence punishable under section 376 of the i. P. C. and he was sentenced to suffer R. I. for 7 years and to pay fine of Rs. 5,000/- in default to suffer simple imprisonment for 2 months, this judgment of sentence dated 18-12-2003 was challenged by the applicant accused before the sessions Judge, Bhandara in Criminal Appeal no. 1/2004. Learned Sessions Judge, Bhandara maintained the order of conviction, however, he reduced the sentence of the applicant to four years, enhancing the fine to Rs. 10,000/-, in default to suffer S. I. for five months.

(3.) This judgment and order is challenged in this revision application.