SIDHRAM SAMBHAJI SURYAVANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, who was an accused (hereinafter referred to as 'accused') in Sessions Case No.678 of 2010 has challenged the judgment dated 29th August, 2011 whereby the learned Additional Sessions Judge, Pune, held him guilty of offences punishable under Sections 376 and 506 of the IPC and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.1,000/- i/d. to undergo rigorous imprisonment for three months in respect of offence under Section 376 of the IPC and rigorous imprisonment for two years with fine of Rs.500/- i/d. to undergo rigorous imprisonment for two months for offence under Section 506 of the IPC. Both the sentences were ordered to be run concurrently.

(2.) The accused is the step father of the victim girl. It is the case of the prosecution that the prosecutrix is the daughter of one Bhimabai. The husband of Bhimabai had deserted her and her daughter. Subsequently, said Bhimabai married the accused and started residing with him alongwith her minor daughter. It is the case of the prosecution that the accused had committed rape on prosecutrix being his step daughter. Bhimabai, mother of the prosecutrix lodged the FIR, pursuant to which Crime No.157 of 2010 under Sections 376 and 506 of the IPC came to be registered against the accused. The victim was examined by the Medical Officer at Sasoon Hospital. PW5 Rajendra Giri-PSI arrested the accused, recorded the statements of the witnesses and on completing the investigation, submitted the charge sheet.

(3.) The case being sessions triable, the same was committed to the Court of Sessions at Pune. The charge was explained to the accused. The accused pleaded not guilty and claimed to be tried. The prosecution examined five witnesses. The statement of the accused was recorded under Section 313 of the Cr.P.C. The defence of the accused was that of total denial. The learned Additional Sessions Judge, Pune, after appreciating the evidence on record held the accused guilty of the offences under Sections 376 and 506 of the IPC and sentenced him as stated above. Being aggrieved by the conviction and sentence, the accused has preferred this Appeal.