RAMESH BANSIRAM PAWAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed by the convict/accused challenging his conviction and sentence imposed upon him in Sessions Case No.154 of 2009 on 30th Sept. 2011 by the learned Adhoc Assistant Sessions Judge, Nashik. The appellant/accused has been convicted of the offences punishable under Sections 376(2)(f), 377 and 506 of the Indian Penal Code (IPC), by this impugned judgment and order. For the offence punishable under section 376(2)(f) of the IPC, he is sentenced to suffer rigorous imprisonment for 10 years apart from directions to pay fine of Rs.5,000/, in default, to undergo further simple imprisonment for 3 months. For the offence punishable under section 377 of the IPC, the appellant/accused is sentenced to suffer rigorous imprisonment for 7 years apart from payment of fine of Rs.3,000/, in default, he is directed to undergo further simple imprisonment for 2 months. For the offence punishable under section 506 of the IPC, the appellant/accused is sentenced to suffer rigorous imprisonment for 2 months. Substantive sentences were directed to run concurrently by the learned trial court.

(2.) Briefly stated, according to the prosecution case, informant Bhagabai Kalu Barde used to reside in Village Bhaitana, Kalwan Taluka in Nashik District, along with her husband, three sons and a daughter. On 21st May 2009, at about 7 p.m., her 11 years old daughter (the prosecutrix) along with niece of the informant (another victim) were playing near a tank. The appellant/accused enticed both of them on the pretext of knowing from them the house of one Balu Pawar. On the way, when they were passing through a culvert, the appellant/accused dragged them to a nearby tree. On point of knife, he then committed rape on 11 years old daughter of the informant and sodomised the niece of the informant, who was reported to be of 7 years of age, at that time. When both these minor female children did not report back to home by 8.15 p.m. of 21st May 2009, informant Bhagabai attempted to search them. At about 9.00 p.m., both minor female children returned home. At that time, minor daughter of the informant was weeping. She disclosed the incident to the informant. The informant noticed that her minor daughter was bleeding from the private part. By that time, it was late in the night, and husband of the informant was also not present in the house. The first informant then intimated the incident to her husband and on the next day, i.e. on 22nd May 2009, she along with her daughter and niece went to Police Station Abhona and lodged report of the incident. Accordingly, Crime No.38 of 2009 for the offences punishable under Sections 376, 377 and 506 of the Penal Code came to be registered against the appellant/accused and wheels of investigation were set in motion.

(3.) During the course of investigation, minor female children were sent for medical examination. The spot came to be inspected. The appellant/accused came to be arrested. He was also sent for medical examination. Clothes of victims, so also of the appellant/accused came to be seized. On the basis of voluntary disclosure statement of the appellant/accused, a knife came to be seized. Statement of witnesses came to be recorded. Seized articles were sent for chemical analysis and on completion of investigation, the appellant/accused came to be chargesheeted for the offences punishable under Sections 376, 377 and 506 of the IPC.