STATE OF MAHARASHTRA Vs. VASANT MADHAV DEVRE

JUDGEMENT

(1.) THIS appeal is directed against the judgement and order dated 26th February, 1981 passed by the learned Additional Sessions Judge, Dhule, in Sessions Case No. 114 of 1980 whereby he acquitted the respondent Police Constable Vasant Madhav Devre of the offences of criminal trespass and rape punishable under Sections 457 and 376 of the Indian Penal Code.

(2.) THE prosecution case in brief is that the accused Vasant Madhav Devre is a Police Constable and at the relevant time he was attached to the Police Station at Dhadgaon, Dhule District. Shelya Atya Pavra owns small area of land at village Vadfalya Taluka Dhadgaon, Dist. Dhule and he also worked as a labourer for watching crops in the fields of others. He married Bajubai about seven years before the incident which took place on 7th September, 1980. Bajubai has a child from Shelya. The hut of Shelya is at a distance of about 150 ft. from the Police Station at Dhadgaon. On the night between 7th and 8th September, 1980 Shelya had gone to the field of his master for watching the standing jowar crop. His wife Bajubai and the child of the age of 3 or 4 years were at the hut. In the hut there were two cots. The door of the hut had no latch from inside. At about 11. 30 p. m. the accused arrived at the hut of Shelya and called Shelya by his name. As Shelya was not in the hut, his wife Bajubai replied that he had gone to the land. The accused instead of going away pushed open the tin door of the hut, entered into the hut and asserted his authority by saying to the prosecutrix Bajubai that he wanted to take search of the house as she was dealing in liquor. She told the accused that she did not deal in liquor and that he could very well take search of the hut. The accused then stepped ahead and caught hold of the hands of Bajubai, fell her on the cot where she was sitting before the arrival of the accused. The accused gave threats that she would be done away with in case she raised shouts. The accused removed his shirt and pant and committed rape on Bajubai notwithstanding her protest. The accused had completely overpowered her and she was so much frightened that she could not repel the sexual assault by the accused. The accused committed sexual intercourse with Bajubai and while he was in the process, Shelya the husband of Bajubai feeling thirsty returned from the nearby field to drink water. He pushed the tin door of the hut and flashed the torch which was in his hand. At that time he noticed the accused committing rape on his wife. Before he could do anything the accused noticing the arrival of Shelya hurriedly collected his clothes and ran away. Shelya tried to chase the accused but could not succeed in catching hold of him.

(3.) ON the next day at about 8. 00 a. m. Shelya and his wife Bajubai went to the hotel of Parshi Paibha and disclosed the night incident to the Panch witnesses of their caste. These panch witnesses were Gulabsingh Mitharam Pawara (P. W. 5), Bhimsingh Bhamta and Parsi Parbha. These witnesses advised the couple to wait for two days i. e. on Monday, and Tuesday as those were festival days of Pola and Basipola. After two days Shelya and Bajubai again saw the Panchas. The accused was called. As per the custom in the Adiwasi community to which the victim belonged, Panchas asked the accused to pay a sum of Rs. 3000/- to Shelya by way of compensation which is their community is called Zagada amount. The accused expressed his inability to make the payment. Thereafter the complaint was got written from one Shantabai and the prosecutrix Bajubai along with her husband and some panch witnesses went to the Police Station, Dhadgaon and submitted the written report dated 10th of September 1980 at 11. 45 am. which is at Exh 9. On the basis of the report offence under Sections 457 and 376 of the Indian Penal Code was registered.