AMIR NYAMATKHA TADVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against judgment and order of Sessions Case No. 92/2002, which was pending in the Court of 3rd Ad-hoc Additional Sessions Judge, Jalgaon. The Trial Court has convicted the appellant for the offence punishable under section 376 (2) (f) of Indian Penal Code (hereinafter referred to as ' IPC ' for short) for committing the offence of rape on a girl aged about 5 years and he is sentenced to suffer imprisonment for life. Heard both the sides.

(2.) In short, the facts leading to the institution of the present proceeding can be stated as follows :- The F.I.R. was given by father of the victim girl. Sanjay Mhaske (PW 2), the complainant is resident of village Loni, Tahsil Jamner and he was living in the village with his wife, victim girl, other girl aged about 2 years and one son and also with father and mother. He is agricultural labourer. The accused also hails from the same village.

(3.) The incident took place on 28.5.2002 in the evening time. The complainant was sitting in the courtyard of his house at about 7.00 p.m. and the victim girl was playing in the place situated behind the house of complainant where Samaj Mindir of village is situated. The complainant felt that the victim girl was raising shouts by calling his name as 'Baba, Baba' and so, he, his elder brother and his wife rushed towards Samaj Mindir. After reaching the spot, they noticed that the accused had kept the victim girl on his thighs and in sitting position he was giving jerks for committing rape on the victim girl and the victim girl was crying. After seeing the complainant and others, the accused pushed aside the victim girl and started running away. The elder brother of complainant ran after the accused, but the accused escaped by running through a field.