BALU BABURAO KADAM Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted for the offence punishable under Section 376 of the Indian Penal Code and sentenced to undergo R.I. for seven years and fine of Rs.5,000/- in default S.I. for one year by the Vth Aeddl. Sessions Judge, Satara in Sessions Case No.186 of 1993 vide judgment and order dated 31.8.1996. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows :-

(3.) It is the case of the prosecution that the present appellant was residing as her neighbour. He was a married man with two children. His mother was also residing with him. That taking advantage of the fact that the victim girl was alone at home, he used to visit her and had committed sexual intercourse with her. He also used to enquire as to whether she was getting her menses regularly. Initially, she had answered in the affirmative. Her sister had returned to her matrimonial home after three months. One day when the mother of the appellant and the mother of the victim had been to Vaduth to visit the elder sister of the victim, the appellant had once again committed sexual intercourse with her and on that occasion, she had disclosed to him that she was not getting her menses regularly. He had advised her to pretend that everything was normal. She continued to go for labour work.