TUKARAM @ DNYANDEV GANU KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Arjunwadkar for the Applicant and Shri Mirza, A.P.P. for State.

(2.) THE Applicant has been prosecuted for offence punishable under section 376 IPC in C.R.No.92/97 of Shirol, Police Station. The prosecutrix aged about 19 years is related to the Applicant as niece (step). The prosecution case is that the Applicant took her from her husband's house at Korochi promising her to take to Yadrava and on way he had given an offer to come with him to Sangli, but she refused. Thereafter on scooter he took her near a hillock and in the jungle he committed rape on her, wherefrom the prosecutrix got herself released and ran away and approached the female folk working in the nearby agricultural field. Seeing her, they took her inside their house and after the Applicant left that place, they reached her where she wanted to go and thereafter she consulted her parents and after some deliberations the F.I.R. was lodged. Though there is some delay in lodging the F.I.R the reason is explained in the F.I.R. itself and this will have to be considered by the learned trial Judge at the time of trial. However, for this reason alone, I am not inclined to come to any conclusion at this stage in favour of the Applicant holding that the complaint is totally false.