RAMCHANDRA MAHADEV SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 23-11-1994 passed by Vth Assistant Sessions Judge, Kolhapur, in Sessions Case No. 127 of 1994, convicting and sentencing him to undergo 7 years R. I. and to pay a fine of Rs. 1000/- in default thereof, to suffer four months R. I. for an offence under Section 376, I. P. C. has come up in appeal before us.

(2.) IN short, the prosecution case runs as under:-The prosecutrix Shubhangi Shinde PW-1 and the appellant were residents of village Ambap situated within taluka Hatkanangale District Kolhapur. At the time of the incident, Shubhangi was studying in Class 4 in Kanya Vidya Mandir. On 21-5-1994, as the school was closed, she was playing with one Swati, whose house was situated near that of the appellant. At about 1. 30 p. m. she felt the urge to take water and went to the house of the appellant. After taking water, she again resumed playing with Swati. At that time, the appellant lifted her, carried in the bathroom of his house, made her lie on a gunny bag, removed her nicker, undressed himself and thereafter committed rape on her. After completing the act, the appellant threatened her not to disclose the incident to anyone. He thereafter, went away. After the incident, Shubhangi went to her house and told her mother about the incident. On examining her private parts and finding bleeding, she in turn informed Shubhangis father. Thereafter. Shubhangis mother washed her private part, changed her clothes and took her to police station Vadgaon.

(3.) THE FIR of the incident was lodged by Shubhangi same day at 7. 30 p. m. at police station Wadgaon. On its basis, PSO Parashu Deulkar PW-8 registered an offence under Section 376, I. P. C. Thereafter, the prosecutrix was sent for medical examination.