BABAN DADU MADNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE Appeals by the original accused/persons are directed against the finding of conviction recorded by the Assistant Sessions Judge, Sangli, for the offences punishable under Section 450, 457, 323, 506, 379, 380, 376 (g) read with 34 IPC. The finding of conviction is mainly challenged on the ground that the Appellants have been falsely implicated owing to political rivalry between them and the relation of the prosecutrix. According to them, entire case is false and fictitious. To appreciate the ground, we propose to deal with the case of the prosecution.

(2.) CHAYA Bhat (PW 3) prosecutrix, with her husband and three sons were living in the village Hingangade. Her house was situated at a distance of about 2 km. from the residential area. The house was constructed of stone and roof had Mangalore tiles. Her husband Manohar (PW 6) on the date of incident went to attend night shift in Sugar Mills. According to prosecutrix, in the early morning on 1/12/93, she heard noise of removing tiles of the roof. She got up. She saw accused Baban Dattu sitting on the wooden pole of the house. She light the night-lamp. She thereupon removed the latch of the door and pulled it, but noticed that the same was latched from outside. She then latched the door from inside. From the roof, Baban Dattu jumped on the ground, then he removed the latch of the door. Another accused Baban Dadu came inside the house. She recognised both of them in the light of kerosene lamp. They were previously known to her, being a resident of nearby locality. She asked the accused why they have come in her house when her husband was not there. Without there being any talk, accused Baban Dadu pulled her on ground. Another accused Baban Dattu extinguished kerosene lamp and fell on her. Baban Dattu by raising her petti-coat and saree committed forcible intercourse. Baban Dadu at that time was pressing her mouth. Both the accused did not allow the prosecutrix to make any movement. Again Baban Dadu committed rape on her. At that time her child was aged about 1 year. Two buttons of her blouse were removed by her for the purpose of feeding the child. Accused made attempt to press her breast. Accused Baban Dattu at that time gave two first blows on her lap. Accused Baban Dattu gave threat to her to lie down quietly otherwise she will be killed. This threat was given before committing rape on her. Due to threat, according to prosecutrix, she was lying down calmly. Both the accused committed rape on her for two times. There were strips of silver on her leg. Accused Baban Dattu snatched by pulling those strips from her leg. Accused Baban Dattu also snatched Kadadora. They also took some amount from the box. Her husband returned at 4.30 a. m. At that time, she narrated the incident to her husband.

(3.) IN the result, Appeals are allowed. The finding of conviction and sentences is set aside. They are in jail, and shall be released from jail unless wanted in some other case. Appeal allowed. .