BHUJING @ SITOBA PUNDLIK DHANI Vs. STATE OF MAH.

JUDGEMENT

(1.) By the present appeal, the appellant is challenging the judgment and order of conviction passed by the learned 5 th Ad-hoc Additional Sessions Judge, Nagpur dated 17.10.2005 in Sessions Trial No. 184/2004. By the said judgment, the learned Judge of the Court below convicted the appellant for the offence punishable under Section 376(ii) / 511 of the Indian Penal Code and directed that the appellant shall suffer rigorous imprisonment for three years and to pay of fine of Rs.2,000/-, in default of payment of fine to undergo further rigorous imprisonment for three months.

(2.) I have heard Shri A. M. Ghare, the learned counsel for the appellant and Shri A. D. Sonak, the learned Additional Public Prosecutor for the respondent-State.

(3.) PW5 Digambar Ravrale, PSI, at the relevant time was posted at Police Station, Borgaon Manju, Dist. Akola. On 20.7.2004, PW1 Shobha Deshmukh came to police station and lodged her oral report (Exh.20). On the basis of said report, offence was registered vide Crime No. 81/2004. The printed first information report (Exh.21) was drawn for the offence punishable under Section 376 of the Indian Penal Code. The first informant reported that she is having one daughter, the victim. At the relevant time, her age was 5 years. On 19.7.2004, after taking her lunch, the victim went near temple of Lord Shiva for playing. The first informant and her mother-in-law were in the house. After some time, the victim came to house in weeping condition and disclosed that when she, appellant and her friend Asha were playing, the appellant gave Rs.1/- to Aasha for purchasing paper-mint. Asha left for the same. Thereafter, the victim was taken inside the house of the appellant. He directed the victim to sleep. Thereafter he removed his clothes so also the clothes of the victim and tried to insert his private part inside the private part of the victim. Therefore, the victim started weeping. Since, the victim started weeping, the appellant drove her away from his house. On getting such information, PW1 Shobha, the first informant, verified the nicker of the victim to notice stains like semen. With this allegation, the first information report was registered against the appellant.