RAVINDRA DINKAR PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT takes exception to the conviction and sentence recorded against him for the commission of an offence punishable under S. 376 of the Indian Penal Code.

(2.) THE prosecution case was that the Appellant and the prosecutrix Shila came from warring families of village Beed, Taluka Karvir, Dist. Kolhapur. In spite of the considerable ill-will between the two families, the young persons fell in the love with each other and but for the intervention of their elders, would have got married Shila was born on 24 August, 1965 at a maternity home run by Dr. (Mrs.) Chitre at Kolhapur. On 18 April, 1980, the Appellant lured Shila to accompany him from the place where she was residing at Kolhapur to the home of a friend Shivaji Karande. After the evening meal, Shivaji's wife Anjali went to sleep on the floor with her child Shivaji had going to work and that left the family cot unoccupied. That cot was taken over by the Appellant and Shila. In the course of the night, the Appellant suggested that Shila submits her body to him as one day they would tie man and wife. Shila was unwilling but the Appellant overcome her resistance by force and twice had intercourse with her. The sexual act left Shila in great pain, but she could do nothing.

(3.) IN the meantime the disappearance of Shila had become known to the persons with whom she was staying at Kolhapur. The girl was traced to the house of Shivaji Karande. Shila was taken to the Police Station and after recording her statement, sent to Dr. Gurav for an examination of her person. Dr. Gurav examined her clinically as also radiological. This examination showed that her hymen was torn and congested. As to her age, the best indicated that the same ranged between 14 to 16 years. Appellant was arrested on 21 April, 1980 and he was sent for examination to Dr. (Mrs.) Bindage. Having regard to lapse of time, she could not give any opinion as to if, at all he had had sexual intercourse. As to the age of the accused Dr. Mrs. Bindage was of the view that it could be within 18 to 20 years. The clothes of the girl, the accused and the bed sheet on the cot on which the two had slept were sent for chemical examination. Except for some blood stains on the underwear of Shila neither blood nor semen could be detected on the other garments. The evidence in relation to age showed Shila to be below 16 years on the night of the occurrence. After completion of the investigation, the Police put up a charge sheet in the court of the Chief Judicial Magistrate at Kolhapur. The usual enquiry being over, the Appellant was committed to stand trial in the Court of Session. He was charged with the commission of offences punishable under Ss. 363, 366 and 376 I. P. C. His defence was one of denial. It was not correct to say that Shila was below the age of, 18 years on 18, April 1980. She was infatuated with him and this was despite his best efforts to persuade her to give up her love for him in view of their being within the prohibited degrees of relationship and therefore not in a position to marry each other. Taking advantage of Shila's disappointment at the advice given, her family members had instigated her to make a false accusation against him.