NANASAHEB CHANDU NIKAM AGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant-accused has been convicted under Sections 307 and 376 of the Indian Penal Code, 1980 ( I.P.C. in brief) and for each of the Sections he has been sentenced to suffer rigorous imprisonment for ten years and to pay fine of and in default to suffer further simple imprisonment for one year. The conviction order was passed by Additional Sessions Judge, Ahmednagar in Sessions Case No. 53 of 2010 on 24th Nov., 2014. Being aggrieved, present Appeal has been filed.

(2.) The case of prosecution, in short, is that prosecutrix (hereafter referred as victim ) is resident of village Ranjani, Tq-Pathardi, Dist-Ahmednagar. On 13th Dec. 2009 at about 11.00 a.m. she went for grazing cattle in the field called as Hamindara . Incident occurred at about 4.30 p.m. She saw a boy standing on the Bandh at some distance holding a Gulel i.e. catapult, who suddenly used the same and hit a stone to her head and ran up to her. She tried to hit him with a stick but he over-powered and beat her and dragged her to one side and forcibly committed intercourse with her. She started shouting and hearing her shouts, villagers came on that side and at that time accused ran away from the spot. One Bhausaheb Ghodke (PW-3) lifted her and carried her to the Hospital. The Doctor informed the Police and the Police reached the Hospital and complaint was recorded. She reported about the incident as above. In the F.I.R. itself she mentioned that she knows the accused and his name is Nanasaheb Nikam and he is from Bhill community and had come to reside at the place of one Arjun Bhimsen Pawar as a guest. The offence was registered on 13th Dec., 2009 vide Crime No. 335 of 2009 at 20.05 hours at Pathardi Police Station. The investigation was taken over by P.I. Bhagwat Jaibhai (PW-12). He went to the spot and did Panchnama Exhibit 37. He also seized black colour nicker and one white colour slip having blood stains, from the spot. He collected the blood stain samples from the ground. The accused was arrested on 14th Dec. 2009 and arrest Panchnama Exhibit 22 was drawn. The blood stained clothes from the person of the accused were seized. While in the custody, the accused agreed to produce banyan which he was wearing at the time of incident. Consequently, in presence of Panchas, accused gave discovery of banyan from the place of hiding near the spot from near the canal and the Memorandum Exhibit 32 and Panchnama Exhibit 33 came to be prepared. The Police had got victim medically examined on 13th Dec. 2009 and collected medical certificate. When the accused was arrested, he was also referred to the doctor for medical examination and certificate was collected. The gown of the victim which she was wearing at the time of incident also came to be seized. On 15th Dec. 2009 the accused agreed to give discovery of the catapult. In presence of Panchas, Memorandum Exhibit 68 was recorded and catapult came to be seized hanging from the log in his house vide Panchnama Exhibit 69. The Investigating Officer recorded statements of the witnesses. Concerned blood samples, vaginal swab and nail clippings etc. were collected from the Hospital and sent to Chemical Analyzer (C.A.) and the C.A. Reports were obtained. Completing the investigation, Charge-sheet came to be filed.

(3.) The charge under Sec. 307 and 376 of I.P.C. was framed against the Appellant - accused. He pleaded not guilty. His defence is of denial.