STATE OF MAHRASHTRA Vs. PRASHANT BABURAO GAWAND

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 30-3-2002 passed by the IInd Adhoc Addl. Sessions Judge, Raigad, acquitting respondent Prashant B Gawand (accused) of the offence punishable under Section 376 (Punishment for rape) of the IPC.

(2.) The alleged offence of rape occurred in December 1999/January 2000, which means it was prior to the Amendment Act 22 of 2018, which came into effect on 21-4-2018. Relevant provision for this matter in the pre Amendment Act would be Section 376(2)(i) and the same reads as under:

(3.) It is the case of prosecution that prosecutrix was working as a maid in the house of accused. Sometime in the month of December 1999, accused asked prosecutrix as to whether she was having physical relations with one Shailesh Vilas Mhatre (Shailesh), to which, prosecutrix answered in the affirmative. Accused then threatened prosecutrix that he would reveal the fact of her physical relation with Shailesh to her parents. 4 or 5 days later at about 4.00 p.m., while the father of accused was sleeping in the verandha outside the house and prosecutrix was working in the house, accused took the prosecutrix in the kitchen and threatened her that if she did not allow him to perform sexual intercourse with her, he would reveal her relation with Shailesh to her mother. Prosecutrix says that accused thereafter performed sexual intercourse with her in the standing position. Accused, it seems had another tryst with prosecutrix in January 2000 when the prosecutrix had gone to the house of accused for preparing food. At about 11.30/11.45 a.m., accused again went to her and both of them were alone in the house and when she was preparing food, accused forcibly hugged her and again performed sexual intercourse with her in standing position. Prosecutrix did not disclose any of these to anybody because she was frightened. As rumors started spreading in the village about her pregnancy from Shailesh and her mother also inquired with her she revealed to her mother that she was pregnant since 5 months. According to prosecutrix, accused was aware of her relationship with Shailesh, who had promised to marry her but taking advantage of her being in physical relationship with Shailesh and by threatening her of disclosing that to her parents, accused forcibly had sexual intercourse with her twice. Accordingly, prosecutrix lodged an FIR on 20-8-2000, under Section 376 of the IPC and after necessary investigation the charge sheet against accused was submitted. In due course, the case was committed to the Court of Sessions Judge. The charge was read over to accused who pleaded not guilty and claimed to be tried. The defence of accused, as we can see from the statement recorded under Section 313 of CrPC, is one of total denial and that a false case has been filed against him.