SULTANSHA AKBARSHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by an accused who was convicted under section 376 of the Indian Penal Code and was sentenced to imprisonment for period of seven years and to pay fine of Rs. 500/ -. The appellant hereinafter shall be referred to as accused.

(2.) The facts giving rise to this prosecution are as under :-One Namita Khadse, aged 18 years, is resident of village Dahegaon Dhawade in amravati district. She was taking education in ashok Mahavidyalaya at Chandur (Rly. ). She was, therefore, residing with her maternal aunt at Chandur (Rly). Since college was closed for diwali vacation, she had come to her native place Dahegaon. On 19/11/2005 she had gone as usual to the field for plucking cotton. She returned home in the evening at about 6 p. m. Thereafter, she went with a tin of water for easing herself by the side of a Nallah. When she went there, the accused came there, caught hold of her, pressed her mouth tightly and lifted. He took her in the Nallah and had sexual intercourse with her against her consent. He gave her threat that if she raised an alarm, she will be done to death. Even, after the sexual intercourse, the accused gave her threat that if she discloses the sexual intercourse to anyone, she would be killed. The complainant then rushed back to her house half naked and narrated the incident to her parents. With them, she went to the police station and lodged the report. She was examined by the Medical Officer. The police had seized her clothes and that of the accused. They had also seized the chapped, and Tin lying on the spot. After completion of the investigation, a charge-sheet was filed against the accused.

(3.) The learned Sessions Judge, after the case was committed to him, framed the charge. Accused pleaded not guilty. Upon consideration of the evidence, the learned sessions Judge found the accused guilty and sentenced him accordingly. It is against this order of conviction and sentence that this appeal has been preferred.