GOVIND BHARAT KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order of conviction dated 19.10.2005 passed by the Sessions Judge, Solapur in Sessions Case No.96 of 2005 for the offence punishable under Sections 376 and 448 of I.P.C., whereby the Appellant was convicted for the offence punishable under Section 448 to undergo Simple Imprisonment of 15 days and to pay fine of Rs.200/- and for the offence punishable under Section 376 of I.P.C., he was directed to undergo Rigorous Imprisonment for seven years and to pay fine of Rs.5,000/- in default to suffer further S.I. For one year, prefers this appeal.

(2.) The complainant and the accused are known to each other. On 17.10.2004, while the complainant was away to attend her employment, the accused barged her house and after committing such house trespass, the accused has committed rape on the victim Rani. As suddenly the complainant came to her house and she saw the accused in the room. The accused Govind Bharat Kale was lying on the body of her daughter Rani, he had no underwear on his person nor the underwear on the victim girl was on her person and she found the accused had sexual intercourse with her daughter. Since the accused realised that somebody had come he started to run away. The complainant shouted for help. This was responded by adjoining neighbour Nanaka Rama More, Sunita Ankush Kute, Reval Sarjerao Patil and others. They found that the accused after having sexual intercourse with Rani and fled from the spot. The F.I.R. of the mother - complainant was recorded by the Police. PW-8 Ramling Kisan Pawar, A.S.I. Carried the investigation. Spot panchanama was drawn. Victim's under pant was taken charge under panchanama in presence of PW-2 Jabbar Rashid Kazi and another panch under the panchanama (Exhibit 17). The accused was put under arrest on 19.4.204 at 7.00 p.m. The victim was examined by PW-6 Dr. Snehal Ayachit, and issued medical certificate (Exhibit 26). The under pant on the person of the accused was taken charge under panchanama (Exhibit 26). The seized items were sent to the office of Chemical Analyser, the C.A report is at Exhibits 29 and Exhibit 31. PW-7 Janaki Ramling More has stated to have seen the incident and accused running.

(3.) The chargesheet was filed before the J.M.F.C., Barshi and considering nature of accusation to be under Section 376 of I.P.C., it was committed to the Sessions Court and the learned Sessions Judge explained charge to the Accused below Exhibit 4 and accused pleaded not guilty to the charge vide Exhibit 5.