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 No.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 Mhaske 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 11/2 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.) AT the trial, the prosecution examined as many as 10 witnesses, namely; P. W. 1 Pandurang Sawla Admane, P. W. 2 Mathurabai Mahadev Admane, P. W. 3 Mahadev Vithoba Admane, P. W. 4 Nutan Vishwanath Mhaske, Prosecutrix, P. W. 5 Manik Shankar Kulkarni, Head Master of C. P. S. school, Borgaon; P. W. 6 Vishwanath Nivrati Maske, father of the prosecutrix Nutan; P. W. 7 Dr. Sandhya Sanjay Warad, P. W. 8 Shashikala Vishwanath Maske, mother of the prosecutrix Nutan, P. W. 9 Sushila Manohar Taskure, Head Mistress M. C. School No.4 Kurudwadi District Solapur and P. W. 10 Dagdoba Yadavrao Hinge, Police Head Constable B. No.716.