SANJAY MADHUKAR MOON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the accused who was convicted under sections 366 and 376 of the Indian Penal Code and was sentenced to suffer imprisonment of 10 years on both counts. The appellant shall hereinafter be referred to as accused.

(2.) The facts giving rise to this appeal are as under -Complainant Mandabai lives along with her two sons, husband and the daughter in Ganeshpeth area. Her mother Chandrabhagabai resides near Maroti temple, Vakil peth. The accused along with his wife was living in the house owned by Chandrabhagabai as a tenant. Complainant Mandabai and her daughtei mausami used to visit the house of Chandrabhagabai. They, therefore, got acquainted with accused Sanjay. The accused also used to visit the house of complainant. On 9-5-1996, complainant's father expired. The complainant, therefore, went to the house of Chandrabhagabai and stayed with her for 4-5 days. Mausami, however, used to stay with Chandrabhagabai and visit the house of Mandabai. She too got acquainted with accused Sanjay. Mandabai belongs to kunbi community while accused belongs to Baudha community. On 26-6-1996, mausmi - the prosecutrix - went to the school in the morning at 10. 30. She did not return in the evening. Complainant Mandabai took a search and lodged report with the police that Mausami was missing. On 27-6-1996, the father of accused sanjay came to Sanjay's house and told his wife Vaishali that Sanjay had taken mausami with him to his village and was saying that he would marry her. The mother Chandrabhagabai, therefore, informed the complainant Mandabai. The complainant, therefore, lodged the report (Exh. 20) that the accused has kidnapped her daughter who is 13 years of age only. The police registered the offence. It is alleged that thereafter the complainant, accused's wife and accused's father went to village Talni, rescued Mausami and brought her back. Mausami was sent for medical examination and it was found that she was subjected to sexual intercourse. Accused was also examined and it was found that he was capable of performing intercourse. The clothes of the prosecutrix mausami were seized by the police. They were sent to the Chemical Analyser and after completion of the investigation, a charge-sheet came to be filed. The judicial Magistrate (F. C. ) committed the case to the Court of Sessions.

(3.) The Court of Sessions framed the charge, recorded the evidence and held the accused guilty and sentenced him accordingly.