STATE OF MAHARASHTRA Vs. SURESH SHANKAR JADHAV

JUDGEMENT

(1.) THE State of Maharashtra has preferred this appeal against the judgment and order passed by the Court of the 2nd Additional Sessions judge, Satara in Sessions Case No. 188 of 1988 whereby the accused was acquitted of the offences punishable under Section 376 of IPC and Section 57 of Bombay Children Act.

(2.) BRIEF facts giving rise to this appeal are as under : the prosecutrix who is the minor girl of about 13 years was residing at village Gursale along with her parents, sister and brother. On 11-8-1987 the prosecutrix, her elder sister and brother i. e. prosecution witness no. 8 had gone to Balubai temple of Umbarde. The prosecutrix and her brother had gone there on bicycle while her elder sister had gone there by truck. After offering prayer in the temple when they were returning accused met them at the said place. As accused was also residing at Gursale and knowing to the prosecutrix as well as her brother, the brother requested him to take prosecutrix on his bicycle so that he would be in a position to carry his other sister. Accordingly, prosecutrix and accused started on bicycle. The prosecutrix was sitting on front rod of the bicycle. The brother of the prosecutrix was carrying his other sister. As the brother was ridding cycle slowly and whenever road was uneven he used to get down from the bicycle, he remained behind and accused went ahead. In stead of dropping the prosecutrix near the hill or near the village the accused took the prosecutrix to his house. However, when he reached near the house he found that it was locked. He, therefore, asked the prosecutrix to wait there and then he went and brought the key. It is alleged that accused had told the prosecutrix that he would give ground-nut to her. On so saying the accused took the prosecutrix inside the room and latched the door and threw her down on the flour on empty gunny bag and then accused forcibly lifted petticoat (parkar) of the prosecutrix and committed rape on her. Immediately thereafter accused got up and put on lungi. By that time the brother of prosecutrix reached there. When he gave a call accused opened the door. The bother noticed that at that time prosecutrix was putting her dress properly. The brother of the prosecutrix immediately took her to their home. Prosecutrix then narrated the incident to her mother. She, therefore, went to the field of the accused and told about the incident to the father of the accused. He, promised that he will look into the matter. However, the prosecutrix and her mother immediately went to Vaduj and there prosecutrix lodged the complaint Exh. 23.

(3.) ON the basis of the complaint given by the prosecutrix crime was registered at C. R. No. 78 of 1987 against the accused for the offence punishable under Section 376 of IPC. The Police then visited the place of offence and drew panchanama of the place of offence. They also attached the clothes of the prosecutrix and then prosecutrix was sent to Civil hospital, Satara for her medical examination. Police also recorded the statements of some witnesses and attached the cycle of the accused. When police came to know that accused is hiding himself in the cattle shed of waman Bhairu Pawar near Aundh, Police immediately went to the said place and arrested the accused. They also attached the clothes which were on the person of the accused. Police also sent the accused for medical examination. Police then sent the attached property viz. the empty gunny bag which was found at the place of offence, clothes of the prosecutrix etc. to C. A. . After completion of the investigation the Police filed charge sheet against the accused in the Court of the Judicial Magistrate, F. C. , Vaduj for the offence mentioned above.