STATE OF MAHARASHTRA Vs. PRAKASH KALGYA KALE

JUDGEMENT

(1.) THE State preferred this, appeal against the judgement and order dt. 6th Dec. , 1980 passed by the Additional Sessions Judge, Ahmednagar, in Sessions Case No. 95 of 1980 whereby he acquitted the respondent-accused of the charge of rape punishable under S. 376, I. P. C. and the charge of robbery punishable under S. 392, I. P. C.

(2.) THE prosecution case in brief is that the complainant Mrs. Deubai Rupchand Chavan (P. W. 8), a lady belonging to the nomadic tribe Laman, resided at Waghluj in Tehsil Ashti of Beed district. She and her husband worked as labourers at various places. About two days prior to the date of incident, namely, 22nd Nov. 1978, her husband went to Kolsewadi, near Kalyan, District Thane, for work and asked the complainant to follow him after some days after keeping the household argicles in the house of her brother at Waghluj. Accordingly the complainant kept her belongings in the house of her brother and on her way to Kolsewadi she went to Ahmednagar by a State Transport bus. She reached Ahmednagar at about 3. 30 p. m. and went to the railway station for going to Karjat by train, from where she wanted to go to Kolsewadi. She purchased a ticket for Rs. 9. 50 p. for Karjat. At Karjat she wanted to go to a relation of hers and from Karjat she was to travel to Kalyan by a local train. While the complainant stood in the queue opposite the booking office at the Ahmednagar Railway Station for purchasing a ticket, the respondent accused was also standing in the queue. The complainant had in her pouch Rs. 40/ -. She took out the wad of currency notes of Rs. 40/- and from it took Rs. 10/- for purchasing a ticket and kept the remaining amount in the pouch. The accused had seen the complainant keeping the amount of Rs. 30. 50 P. in the pouch. He purchased a ticket for Sarola Railway Station. While the complainant and the accused were at the platform of the Ahmednagar Railway Station the accused made inquiries of the complainant as to where she was going, and when she boarded the train he also went in the same compartment and took his seat near her. The accused again inquired of the complainant as to where she was going. She told him that her husband had gone for work at Kolsewadi and she was going there to work with him. The accused told her that her husband had not gone to Kolsewadi and that he knew him and he also knew where he was working. He also told her that he would take her to her husband. He assured her that in case her husband was not found there, he would send her on the next day by train to Kolsewadi by purchasing a ticket for her. When the train arrived at Sarola Station, the accused asked her to get down. At that time the complainant told him that she had a ticket for Karjat. Thereupon the accused told her that he would give her another ticket if her husband did not meet her. Thus the accused persuaded the complainant to get down with him at Sarola Railway Station.

(3.) AFTER the complainant Deubai (P. W. 8) got down at Sarola Railway Station the respondent-accused took her with him, saying that he would take her to the place where her husband worked. One boy was with the accused. The accused asked him to go away and the boy went away. The accused took the complainant for a long, distance and in a field having jowar crop he sat down and started smoking a bidi. The accused asked the complainant to sit down. The complainant sensed that she was being deceived and she accordingly told the accused that she was being deceived. The complainant had a sucking child with her. The accused snatched the child front the hands of the complainant. He also snatched the bundle of belongings the complainant was carrying with her from her hand. He forcibly made her to sit down and started misbehaving with her. The accused told the complainant that he wanted to marry her and have sexual intercourse with her. As the complainant was not willing to succumb to the demands of the accused, the accused took out a knife and threatened her to submit to his demands and keep quiet. The complainant got frightened on seeing the knife and hearing the threats of the accused. The accused kissed the complainant and forcibly had sexual intercourse with her. The accused also forcibly took the currency notes of Rs. 30/- from the complainant which she was carrying with her in the pouch. After having sexual intercourse with the complainant, the accused asked her to sleep there. It was then about 9 p. m. The complainant refused to sleep. The accused took a dhoti from the bundle of the complainant and spread it over on the ground and slept there, keeping the bundle of the complainant under his head. In that bundle the complainant was carrying some plastic boots and other articles for her children. At that time she had three sons and a daughter. The accused went to sleep and after some time started snoring. The complainant, seeing the accused fast asleep, availed of the opportunity to run away from that place. While going away from there she took with her the bag of the accused containing his articles. With the bag of the accused and her child she went to a cattle shed at a distance of about four to five miles from that place. There were three young boys. She told them that she was deceived by a person who took her to the jungle and forcibly had sexual intercourse with her. She also told them that she had brought the bag of that person. In the morning hose boys took her to village Bhorwadi. There she saw the police patil and told him how she was deceived and was forcibly subjected to sexual intercourse. She also showed him the bag of the person who had deceived her. The police patil took her to the police station. She lodged the report Ex. 26 at the police station.