LAWS(BOM)-2018-7-254

RAJU SUKHDEO DABHADE Vs. THE STATE OF MAHARASHTRA

Decided On July 11, 2018
Raju Sukhdeo Dabhade Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 08/01/2016 passed by the Special Judge, Khamgaon in Sessions Trial No.76/2013, the appellants have preferred these two appeals.

(2.) The prosecutrix Ku. Poonam Tayade is minor aged about 13 and ' years at the time of incident. She was residing with her parents, brothers and sister at Rawan Tekdi, Khamgaon. Her grandmother Sulochana Kisan Tayde is residing at some distance from her house. Her uncle Santosh Tayde is residing at Kundegaon Kodri, Tq. Sangrampur along with his wife and children and he used to come to her house. According to the prosecution, her uncle is working in the Band Company and his friend Raju Dabhade and another person called as Vastad used to come to her house. Her uncle was residing in the house of her grandmother since last 15 days.

(3.) According to the prosecution, last year, at the time of Dipawali Holidays, her uncle came to her house at 10.00 a.m. to 11.00 a.m. along with his friends Raju Dabhade and Vastad. The prosecutrix was alone in the house as her parents were went for their work. Her uncle was in drunken condition and therefore, slept in her house. At that time, Raju Dabhade and another person forcibly by pressing mouth taken her to the house of her grandmother. Her grandmother was sat in front of house. The another person namely; Vastad put her on the clothes and at that time, Raju Dabhade was went out of house. The said person Vastad removed her clothes and committed forcible intercourse with her. Thereafter, Raju entered in the house and committed forcible intercourse with her and left the house. Again, Vastad came in the house and committed forcible intercourse and went out of the house. Thereafter, again, Raju Dabhade came in the house and committed forcible intercourse with her. They have given threat not to disclose the said incident to anybody otherwise they will kill her. Therefore, she has not disclosed the incident. Due to the said act, blood was oozing from her private part and stomachache to her.