UMESH G PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The prosecutrix was eighteen and lived with her parents and three sisters. The house in which the family resided at Thane was under construction. The prosecutrix had known Umesh Patil for five months. Umesh was constructing her house at Thane. During the course of the construction, the family shifted to Dombivli to reside with the prosecutrix's grandmother. The case of the prosecution is that Snehal, who was a neighbour, had invited the prosecutrix for the wedding of her brother which was to take place at Khopoli. On 5th May 2001, the prosecutrix and her mother are alleged to have met Umesh at Thane when he stated that he would hand over the work of construction to another contractor since he had no time on his hands. Umesh is alleged to have sought the permission of the prosecutrix's mother to let her accompany him to Khopoli for the marriage. Umesh is alleged to have collected a bag containing the prosecutrix's belongings from her home at Dombivli and to have instructed her to meet Sachin Gavate at an assigned place. Sachin was to accompany her to Vitava. Sachin and the prosecutrix proceeded to Vitava where Umesh Patil, Prashant Koli, Navnath and Sachin Rao were in a Sumo Jeep. The group proceeded to Panvel Station where they met another girl and Amit Rao. All of them are alleged to have proceeded to the house of Snehal, where the wedding ceremony of her brother was to take place, between 7 and 7.30 p.m. After dinner, Umesh is alleged to have told the prosecutrix that since Snehal's house at Khopoli was full of guests, they should go to Karla where he had a bungalow. The entire group then proceeded to Karla and is alleged to have halted at a bungalow by the name of Yamuna Niwas, belonging to Umesh. The bungalow consisted of two bedrooms. The prosecutrix was allegedly instructed by Umesh to rest in one bedroom whereas the other girl was asked to proceed to a separate bedroom. Umesh Patil and Amit Rao are alleged to have entered the prosecutrix's bedroom sometime thereafter. The case of the prosecution is that Umesh compelled the prosecutrix to remove her clothes under threat. The prosecutrix is stated to have removed her clothes except for her under garment which Umesh removed. The case of the prosecution is that Umesh Patil and Amit Rao raped her repeatedly and also indulged in anal intercourse. The other accused - Prashant and Sachin are similarly alleged to have raped the prosecutrix and to have indulged in anal intercourse. The prosecutrix was subjected to this ordeal from 11.30 p.m. to 4.30 a.m. The prosecutrix, according to the prosecution, is alleged to have resisted and to have shouted whereupon the girl in the bedroom next door is alleged to have shouted out, requesting the accused to desist. The prosecutrix is alleged to have fallen asleep after 4.30 a.m. When she woke up at 7.30 a.m., she had intense pain in the stomach. By then, all the accused except Navnath, had left. Navnath is alleged to have informed the prosecutrix that all the others and the girl who was with them had left the bungalow. Navnath summoned a doctor who examined the prosecutrix and gave her some preliminary treatment. the prosecutrix is alleged to have been unable to move on 6th May 2001. On the next day - 7th May 2001 - the prosecutrix, accompanied by Navnath, took an auto to Lonawala Station and then proceeded by train to Dombivli. She reached home between 4 and 4.30 p.m. on 7th May 2001.

(2.) The prosecutrix is alleged to have complained about a recurring pain in the stomach to her mother and when the pain did not subside, a doctor - Dr. Jain - was summoned at about 7 p.m. Dr. Jain, in turn, gave a note to Dr. Shirodkar to whose Hospital the prosecutrix was taken at about 10 p.m. Dr. Shirodkar advised that surgery was necessary and accordingly a surgery was conducted on the prosecutrix. On 7th May 2001, Dr. Shirodkar found that the prosecutrix had suffered a perforation of the terminal part of the rectum. An emergency colostomy was performed involving a removal of the terminal part of the large intestine from the abdomen so that it could serve the purpose of a temporary anus. The prosecutrix was in Hospital until 28th June 2001. According to the prosecution, after several days in the Hospital, when Dr. Shirodkar had secured her confidence, the prosecutrix disclosed to him the incident which had taken place and the names of the accused. On being informed by the prosecutrix that she had been subjected to rape and anal intercourse, Dr. Shirodkar informed the Police. The prosecutrix's statement was recorded on 31st May 2001. A supplementary statement was recorded on 1st June 2001. Sachin Gavate was arrested on 3rd June 2001. A chargesheet was initially filed against three of the accused - Sachin Rao, Amit Rao and Navnath. The accused were committed to stand trial before the Additional Sessions Judge at Pune. Accused Umesh Patil and Prashant were absconding. Sachin Gavate was a juvenile offender and he was transferred to the Juvenile Court. Prashant was arrested on 18th February 2002 at the Sessions Court at Shivaji Nagar, Pune. Umesh Patil appeared before the High Court on 29th January 2002 when he was arrested. Upon the arrest of Umesh and Prashant, a supplementary chargesheet was filed for offences punishable under Sections 363, 366, 342, 323, 376(2)(g), 307, 504 and 506 read with Section 34 of the Penal Code.

(3.) The prosecution adduced the evidence of thirteen witnesses. Among them was PW 1 Dr. M.V. Shirodkar, who had examined the prosecutrix and had informed the Police upon receiving information from her of the offence. PW 2 Dr. Nagabhushanam had performed the surgical operation on the prosecutrix. PW 3 Dr. Jain had examined the prosecutrix and had referred her to Dr. Shirodkar for medical treatment. PW 4 and 5 were Panch Witnesses. PW 7 Snehal was the friend of the prosecutrix in whose house the wedding had taken place. PW 9 Bendre was the PSI who had arrested some of the accused. PW 10 Nanawade was the PSI who had recorded the FIR. Dr. Samir Pawar, PW 11 had examined the prosecutrix in the Sassoon Hospital. PWs 12 and 13 were the Investigating Officers.