PRAKASH SAKHARAM MANDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred by the rape convict who was tried in Sessions Case No. 20/1995 by the learned IInd Additional Sessions judge, Latur, for offences under sections 366, 376 read with section 34 of the Indian Penal Code.

(2.) IN nutshell, the prosecution story is as under : The Appellant (Original accused No. 1) is the brother of the original accused No. 3 who is married to original accused No. 2. Original accused Nos. 2 and 3 were residing in the Railway quarters at Nevli since original accused No. 2 is working as Porter at Nevli Railway Station in district Latur. The Appellant was residing with the accused Nos. 2 and 3 at Nevli. One Vishwanath maske was also working as Gangman and having his quarter nearby the quarter of the accused No. 2. Vishwanath has daughter by name Nutan who was studying in 7th standard. On 12-10-1994 she went to the school at Borgaon which is about 1? kms. away from Nevli. Usually she ought to have returned home by 5. 30 p. m. on that day. She did not return home. Vishwanath and his wife shashikalabai went in search of Nutan but she could not be traced. In consequence, Vishwanath filed his complaint, exhibit 32, on 24-10-1994 with the Murud Police Station.

(3.) THE offence was registered at Crime No. 19/94 under sections 363 and 366 of the Indian penal Code. During the course of the investigation, the appellant came to be arrested on 11-11-1994 when he and the prosecutrix Nutan were found coming to Nevli Police Station. Nutan was sent to the Medical Officer at Latur. On the same day the Medical Officer Dr. Sandhya Warad examined her and it was revealed that Nutan was subjected to sexual intercourse, and she was below 16 years of age.