MAHADEO DAMDUJI DAYARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by accused who was convicted for having committed offences punishable under Section 376, 451 and 506 of Indian Penal Code. He has been sentenced to undergo imprisonment of 7 years for offence under Section 376, 6 months for offence under Section 451 and 2 years for offence under Section 506 Indian Penal Code.

(2.) The facts giving rise to the prosecution are as under: On 09.11.1996 prosecutrix Kalavati had gone to village Takli at the house of elder brother of her husband for Diwali Festival. On 16.11.1996 she came back home around 3 P. M. She came alone and her husband stayed at Takli. On 16.112.1996 complainant was breast feeding her child Nitish in the evening. Accused came to her house around 8 O'clock and demanded water for drinking. She gave the water to the accused, when accused caught hold of her, fell her down and gagged her mouth. Accused forcibly had sexual intercourse with Kalawati. Kalawati raised shouts when her neighbours Shobha, Pandurang and Vithal rushed there. Accused Mahadeo therefore, started running away. He was caught hold by the people. After sometime the mother and wife of the accused came there and asked Mahadeo to come for dinner. Mahadeo went running towards his house. On the next day Kalawati lodged report with the police after her husband came back to her village. Prosecutrix Kalawati was referred to Medical Officer. The statements of witnesses were recorded and Panchanama of spot was drawn. After completion of the investigation charge sheet came to be filed against the accused.

(3.) The Judicial Magistrate First Class committed the case to the Court of Sessions. Court of Sessions after framing charge recorded the evidence and upon consideration of the evidence found the accused guilty of offences as stated above.