SHIVAJI MOTIRAM RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The appellant/original accused herein is convicted for the offences punishable under Sections 376 and 506 of Indian Penal Code and is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000.00, in default to suffer rigorous imprisonment for three months and simple imprisonment for two years and fine of Rs.5,000.00, in default simple imprisonment for three years respectively by the District Judge 6 and Additional Sessions Judge, Thane vide judgment and order dated 6th July 2013.

(3.) It is the case of the prosecution that the victim was studying in 5th standard in Saint Lawrence School. She was acquainted with the accused, as he happens to be working as a driver with her maternal uncle. She knew the accused since childhood. On 13th Feb. 2007, the accused had been to her School at about 2.30 pm., and asked her to meet him on 14th Feb. 2007 at 6.00 am. and upon failure, he would kill her father. On 14th Feb. 2007, the prosecutrix had met him at Vashigaon bus stop at 6.00 am. From there, they went to Koparkhairane and then to the house of one of his friend. He took motorcycle of his friend and then they had been to Alibag. They had been to the hotel. It is alleged that the accused had ravished her in the hotel room. At about 2.30 pm., she reached home. On 9th March 2007, for the first time she had informed her mother that the appellant/accused has sexually assaulted her. Her mother had taken her to the police station. A report was lodged at the police station.