PRAMOD GOPICHAND THAKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction and sentence dated 31st March 2008 passed in Special Criminal Case No. 71 of 2006 by the Special Judge, Bhandara, present appeal is filed. Appellant has been convicted for an offence punishable under Section 376 read with Section 511 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for eight years and to pay a fine of Rs. 2000/-, in default, to suffer simple imprisonment for six months.

(2.) Incident occurred on 27.5.2006 at about 12.00 pm. During the relevant period, prosecutrix had come to her grand-mother's place at Paoni along with her mother. On 27.5.2006 while she was playing with some children, appellant asked her to bring Bhaji (cooked vegetable) from her grand-mother's place in a bowl which he gave to prosecutrix. When prosecutrix brought cooked vegetable, appellant carried her to bed; made her lie and after removing her underwear and his underwear, he committed rape on prosecutrix. He threatened prosecutrix that he would kill her if she disclosed incident to anybody. Prosecutrix returned crying and reported incident to her mother Pratibha who took her to Police Station where oral report was lodged. Prosecutrix was referred for medical examination.

(3.) On the basis of report, Crime No. 76/2006 under Section 376 of the Indian Penal Code was registered. SDPO Avinash Rajurkar recorded statements of prosecutrix and her relatives. Clothes of accused and complainant were seized. Prosecutrix was referred to Rural Hospital, Paoni for examination and report. Samples of blood, pubic hair and seminal fluid of accused were sent to chemical analyser for opinion and report. C.A. Reports are at exhibits 30, 31 and 32. After investigation was over, charge-sheet against appellant came to be filed.