DHARMUJI MUKUND MESHRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order dated 9/12/2013 rendered in Sessions Trial No. 150 of 2011 thereby convicting the appellant of the offence punishable under Sec. 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and also to pay fine of Rs. 10,000.00 together with default sentence of simple imprisonment for six months.

(2.) I have heard learned Counsel for the appellant and the learned A.P.P. for the State-respondent I have carefully gone through the record of the case including the impugned judgment and order.

(3.) It is seen from the evidence of the prosecutrix that the appellant took advantage of absence of the parents and siblings of the prosecutrix at home for a period of 8 to 9 months prior to 12/4/2011 and indulged in sexual intercourse with her. As a result of such carnal contact, it is further seen, the prosecutrix got pregnant and even conceived a daughter. The complaint, however, was lodged on 12/4/2011 after the pregnancy of the prosecutrix was detected. There is nothing in the entire evidence of the prosecutrix to enable me to discard her evidence. There is no reason why the prosecutrix should make such an allegation against the appellant. In her examination-in-chief, the prosecutrix has deposed about every details about the manner in which the appellant used to commit the acts of sexual intercourse with her.