ASHISH ALIAS ACHIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/accused was convicted under section 376 read with 511 of the Indian Penal Code and was sentenced to three years rigorous imprisonment and fine of Rs. 500/ -. The appellant shall hereinafter be referred to as accused.

(2.) The facts are as follows -One Ramdas Borkar lives at village Bothali along with his two daughters and two wives. On the date of the incident in the evening, Ramdas's wife vasudha had cooked rice. She took the cooked rise to the house of Durgabai-her neighbour. The accused was at the house of Durgabai. Along with Vasudha her daughter Megha had also gone to the house of Durgabai. The accused who was at the house of Durgabai called Megha to him, made her sit on his lap and later said that they would go home. Prosecutrix Megha, therefore, left along with the accused. After sometime Vasudha came back home. She did not find Megha at home. He therefore, went to the house of the accused who also lives in the neighbourhood. Accused and Megha were not found at home. She, therefore, returned home. Megha came after sometime, She was weeping. She asked megha as to why she was weeping. Initially Megha was reluctant to tell anything, therefore Vasudha went to the house of accused and questioned him as to where he had taken Megha. Accused said that he had taken her to the hotel of one Balu. Megha thereafter said that she was not taken to the hotel but was taken near the samaj Mandir. She then narrated the incident to her mother. She told that the accused had tried to insert his penis into her vagina. A report of the incident was, therefore, lodged with the Police and the accused was arrested.

(3.) The Judicial Magistrate (F. C. ) committed the case to the court of sessions. The Court of Sessions framed charge, to which accused pleaded not guilty. Upon consideration of the evidence, the learned Sessions Judge found the accused guilty and sentenced him as stated above.