RAMESH VIJA VASAVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant being aggrieved by the order of conviction and sentence passed by learned Additional Sessions Judge, Nandurbar in Sessions Case No. 54 of 1995 decided on 16.11.1995, has preferred this appeal. The appellant is convicted for offence punishable under Section 376 of Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1000/- in default to suffer rigorous imprisonment for one month more. Criminal Revision Application No. 430 of 1996 was suo-moto entertained for enhancement of sentence by the order of this Court passed on 06.12.1995.

(2.) Briefly stated, it is prosecution case that prosecutrix, a resident of village Shehi, Tal. Navapur was at her farm-house on 24.04.1995. At about 7.30 p.m. her husband-Manohar (P.W.2) had gone to the house of his maternal uncle-Mohan. The prosecutrix was preparing food and was alone in the farm-house. At that time the appellant went there and asked the prosecutrix to accompany her, but she refused. Thereafter, the appellant forcibly raped her. The prosecutrix raised shouts, but the appellant gave her threats of killing. While, the appellant was leaving the farm-house, Manohar (P.W.2) saw him. As soon as Manohar (P.W.2) came home, the prosecutrix narrated the incident. Thereafter, Manohar (P.W.2) went to question the appellant. On next day, there was meeting of their community as per customs for considering the incident alleged against the appellant, but there was no compromise. Meeting was again held on 26.04.1995 in the morning, but since there was no settlement, complaint was lodged by the prosecutrix at Navapur Police Station.

(3.) Learned Additional Sessions Judge has based conviction mainly relying on oral evidence of prosecutrix who is examined on oath at Exh.11 and statement of her husband Manohar at Exh.13. The cloths of prosecutrix were sent to Chemical Analyser, however, no semen or blood of the accused/appellant was found. The apellant was also arrested and sent to Doctor. He was capable of performing sexual intercourse. Thus the conviction is mainly based on oral evidence of the victim and her husband Manohar.