BABAN PANDU KOKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) VIDE Judgment and order dated 8-12-1989 passed by the Additional Sessions Judge, Raigad-Alibag, in Sessions Case no.36 of 1988, the appellant was convicted and sentenced in the manner stated herein after :-

(2.) IN short, the prosecution case is that on 15.11.1986, at about 9.30 a.m. the appellant along with co-accused Vijay Khule, Pandu Kokare, Dondu Zore, and Kodu Zore, came to the house of the complainant Kalu Varak, P.W. 1, situated in village Palasgaon Dhangarwadi, Police Station, Mangaon, District Raigad. At that time, parents of the prosecutrix Papan, PW 1 and her brother were not there. It is said that the appellant and others caught Papan and forcibly kidnapped her. Her sister in law Surekha, PW 2, tried to rescue her but, co-accused Vijay Khule and Kodu voluntarily caused hurt to her. The appellant and others are said to have taken Papan to Goregaon and thereafter to Alibag in a car. At Alibag, Papan was forcibly made to marry the appellant and the marriage was solemnised by co-accused Sudhir Paranjpe. From Alibag, the appellant and others again took Papan to Goregaon.

(3.) GOING backwards, after being recovered, Papan was medically examined by Dr.(Mrs.) M.V.Gujrathi, who found no external injuries on her body. On the basis of the radiological examination, she opined that Papan was aged above 17 years. According to her, no opinion could be given regarding rape.