TATOBA LAXMAN MADAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant seeks to assail the judgment and order dated 08-3-2002 of the learned IInd Ad hoc Additional Sessions Judge, Chandrapur in Sessions Case 64/1994 by and under which the appellant (hereinafter referred to as the "accused") is convicted under Sections 376 and 506 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years and rigorous imprisonment for a month respectively.

(2.) The prosecution case is that the complainant/prosecutrix who was then 17 years, born on 26-05-1976, was studying in standard 9th at Pandit Jawaharlal Nehru Vidyalaya, Awalpur. She was suffering from fever on 08-03-1994 and was, therefore, resting at her house. The accused entered her residence at 1.30 p.m. when the prosecutrix was alone, closed the door of the room from inside and made himself comfortable on the bed of the complainant. The prosecution further alleges that the accused attempted to undress her, the prosecutrix shouted, upon which the accused pressed her neck and committed forcible sexual intercourse. The accused thereafter left the house of the prosecutrix.

(3.) It is further the case of the prosecution that on the date of the incident the father of the prosecutrix had gone to Wani and he returned only in the evening. Her mother was away for the work of some nursery. The prosecutrix did not disclose the incident to her parents on the date of the incident. However, on the next day i.e. on 09-3-1994 she disclosed the incident to her mother in the morning and her mother took her to the police station where she lodged a report against the accused. On the basis of the said report, offences punishable under Sections 376 and 506 of the Indian Penal Code were registered against the accused. The prosecutrix was referred for medical examination to the civil hospital at Chandrapur and was medically examined by the medical officer. The medical officer also collected pubic hair, vaginal smear and blood of the prosecutrix and handed over the same in sealed condition to lady police constable Uma. A spot panchanama was prepared and the quilt which covered the bed was seized. Statement of witnesses were recorded and the accused was arrested and referred for medical examination to primary health center, Gadchandur. The accused was examined by the medical officer who has issued the medical certificate. The medical officer collected the blood sample, semen sample and pubic hair of the accused. It is alleged that on 24-5-1994 when the accused was in custody, discovery of the clothes worn at the time of the incident was effected pursuant to a discovery memo recorded by P.S.I. Tikas. The clothes which were seized pursuant to the said statement of the accused including a lungi and knicker. The said clothes were seized from the residence of the accused in the presence of the panch witnesses. The said articles were sent to the chemical analyzer. The investigating officer recorded the statements of the witnesses and presented a charge-sheet in the court of Judicial Magistrate First Class, Rajura, who committed the case to the sessions court for trial. The first information report (Exhibit 15) dated 09-3-1994 lodged by the prosecutrix states that on 08-3-1994 she was sleeping in the house alone since she was running fever. The accused came to her house and taking advantage of the fact that she was alone came inside and locked the door. The prosecutrix further states that the accused sat on the cot and without speaking a word with the prosecutrix lifted her petticoat and committed rape. The first information report further narrates that when the prosecutrix shouted, the accused pressed her neck and left after satisfying his lust. The prosecutrix states that she did not inform that her father or her mother on 08-3-1994 and that it was only in the morning of 09-3-1994 that she informed her mother that the accused went away after satisfying his lust. The first information report further recites that immediately upon receiving the information, the mother of the prosecutrix took her to the police station.