DHANAJI DHONDIBA SADGIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal against conviction preferred by the original accused challenging the judgment dtd. 25/5/2023, passed in Special (Atrocity) Case No.18 of 2020 by the Additional Sessions Judge, Kandhar, Link Court Mukhed, by which he was convicted for commission of offence punishable under Sec. 376(2) (j)(l) of the Indian Penal Code, 1860 (IPC) and was directed to suffer rigorous imprisonment for 10 years and pay fine of ? 20,000/-. In default imprisonment for one month for the offence punishable under Sec. 376(2)(j)(l) of IPC was imposed.

(2.) The applicant was acquitted of an offence punishable under Sec. 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act( Act of 1989).

(3.) In short, it is the case of the prosecution that the victim of the crime had an intellectual disability to the extent of 50%. The accused, four months before the date of the First Information Report, subjected the victim to sexual intercourse, due to which the victim got pregnant. As the victim missed her menstrual cycle, she was taken by her mother to undergo a sonography. In the sonography report, it was found that the victim was carrying a four-month pregnancy, and therefore, the victim was admitted to the hospital, where her pregnancy was terminated.