RAJU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By judgment and order passed by the learned 6th Additional District and Assistant Sessions Judge, Nasik delivered on 2nd of May, 1992, the Appellant - original accused has been convicted for an offence punishable under Section 376 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for one month. The aforesaid order of conviction and sentence is impugned in the present appeal.

(2.) At the trial, the accused was charged under section 376 of the Indian Penal Code for having; on the 28th of April, 1991, at about 2.00 to 2.30 p.m. in Pachore Vani in water canal of Ozarkhed near old Palkhed road, committed rape on the prosecutrix P.W. 4 Sangeeta d/o Ramdas More who, at the relevant time was 12 years old.

(3.) It was the case of prosecution, in short, that 28th April, 1991 was a Sunday and was a bazar day. Sangeeta was sent by her mother P.W. 6 Ramab-habai to Pimpalgaon bazar for purchasing domestic articles. Sangeeta ac-cordingly proceeded to Pimpalgaon bazar by boarding a jeep by paying Rs. 2/- towards transport charges. At the bazar she purchased potato, brin-jals, two packets of tooth powder, bangles etc. and was proceeding towards Choufuli to catch a jeep back to Shirwade. When she was near Khanderao temple accused Raju came on a red colour motorcycle. He stopped near Sang-eeta and asked her where she wanted to go. Sangeeta told him that she wanted to go to Shirwade. Accused asked her to sit on the motorcycle. Sangeeta, at first, refused by saying that she will go by jeep. Accused, however, coerced her saying that he also was proceeding to Shirwade to house of one Kale. Sangeeta was accordingly persuaded to accept the offer. She accordingly sat on the pillion and the accused proceeded towards Shirwade. When he reached the bifurcation instead of turning towards Shir-wade, he procee-ded towards Pachore. When Sangeeta asked him why he was proceeding towards Pachore accused told her that he had some work in the field. At that time Sangeeta came to know the name of accused as 'Raju' as she asked him his name. Accused, thereafter, stopped his motorcycle near canal (Chari) beside the road. After halting his motorcycle he lifted Sangeeta from the motorcycle and took her towards the canal. After taking her in the Chari the accused took out his pant and underpant. He also took out underwear of Sangeeta. He lifted her legs. He, thereafter, inserted his penis in her vagina. On this Sangeeta started shouting. Accused pressed her mouth with his hand. He, thereafter, got up and wore his clothes. Sangeeta also wore her underwear but it got bloodstains and hence she threw it on the spot. Accused, thereafter, put her on the motorcycle and took her to Shirwade. He left her near the lake which is situated at a short distance from the village Shirwade. Sangeeta, thereafter, proceeded to her house and collapsed after reaching the house. On her mother Rambhabai inquiring form her she narrated to her the act of rape committed by the Accused Raju. Rambhabai called P.W. 2 Dr. Narendra Parshram Lokh-ande to their house. Dr. Lokhande examined Sangeeta and advised that Sangeeta be remove to Pimpalg-aon-Baswant in Shriram Hospital. At the hospital, the history given by Rambhabai to P.W. 7 Dr. Shobhana Patil was that Sangeeta had sustained bleeding P-V. On examination Dr. Mrs. Patil found that there was tear on her vagina admeasuring 2 to 3 cms. She stitched the wound. At that time father of Sangeeta Ramdas came there. Ramdas, thereafter, proceeded to the Pimpalgaon Police Station and complained about the incident. P.W. 10 P.S.I. Ramchandra Namdeo Pathare proceeded to Shriram Hospital and recorded the complaint of Sangeeta (Exhibit 19). Sangeeta was, thereafter, referred to the primary health centre, Pimaplgaon-Baswant where history of the patient was given of rape with assault. P.W. 8 Dr. (Mrs.) Varsha Tukaram Thakare collected the blood sample and vaginal smear of Sangeeta. She also collect-ed blood, semen, pubic hair sample of the accused and handed over the same to the police. She therefore, referred Sangeeta to the Civil Hospital, Nasik. P.W. 9 Dr. (Miss) Nandini Abhimanu Bhamare was attached to the civil hospital at the material time. She examined Sangeeta. On examination, she found that her general condition was normal, she noted the history of rape one day before her examination, she noted that Sangeeta was not menstruat-ing till the date of examin-ation. She examined Sangeeta after adminis-tering anesthesia as Sangeeta was not allowing to examine her pavic exami-nation she was suspecting deep injuries in it. On examination she found some stitches. She removed those stitches and found the following injuries: