SOMNATH BHANUDAS MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No. 74/2006, the learned Additional Sessions judge, Shrirampur convicted the accused no. 1 for the offence punishable under sections 366-A and 376 of the Indian penal Code thereby directing him to suffer rigorous imprisonment for five years, with fine and rigorous imprisonment for seven years with fine respectively. The other accused were acquitted. The said judgment of conviction, is challenged by this appeal.

(2.) The facts, in brief, essential for the present decision are : the victim having born on 26. 7. 1992 studying in 10th Std. is daughter of complainant-Balasaheb laxman Kalapure (P. W. 1 ). Accused No. 1, a married person, resides in the same village. He developed intimacy with the victim, eloped her on 11. 9. 2006, for which he had interactions of accused Nos. 2 and 3. The father was worried himself sick. It was the villagers, who communicated him having seen the accused No. 1 and moving with victim. The suspicion, which the complainant was nursing against the accused No. 1 was cemented and consequently, he approached Newasa Police Station and an offence under sections 363, 366-A read with 34 of the Indian Penal Code was registered, vide C. R. No. 164/2006 dated 13. 9. 2006.

(3.) The father of the victim is P. W. 1 -Balasaheb ; P. W. 2 - Dipali Balasaheb kalapure (hereinafter referred as victim), p. W. 3 - Annasaheb Darandale is the Head master of the School, where the prosecutrix was taking education and he has produced the birth record at Exhibit-40, and 42 showing that the victim was born on 26. 7. 1992. The Certificate at Exhibit 42 came to be issued on 26. 9. 2006. P. W. 4 is suresh Narayan Shitole. He saw the accused and prosecutrix on 11. 9. 2006 and also was a witness to panchanama Exhibit-45 of the room where the victim and the accused were found together. P. W. 5 -Navnath Annasaheb Pawar is the tailor residing in the same village. He knows the accused No. 1 and 3 as also the victim. They all are his customers. The accused Nos. 1 and 3 approached him for collecting the apparels of the victim, which incidently were in unstitched condition, and he handed over them to accused Nos. 1 and 3. This was to establish nexus between the accused, taking apparels of the victim while carrying her away on 11. 9. 2006. P. W. 6 - Dr. Ramesh ramprasad Ghumre, examined the accused and the victim. P. W. 7 is the Investigating officer - Babaji Buwaji Garje. He recorded f. I. R. and carried the investigation including seizure panchanama (Exh. 44 ). The arrest panchanama of the accused (Exh. 55), with forwarding letter to Medical Officer sent on 19. 9. 2006; seizure of apparels of the victim and the accused are at Exhibit-45 and 46. Since the Medical Officer communicated to P. W. 7 that on medical examination of the victim, he found that she suffered sexual assault, the offence under section 376 of i. P. C. was applied. Seized property was produced before the Court.