STATE OF MAHARASHTRA Vs. PATIRAM GANGARAM SHELOKAR

JUDGEMENT

(1.) Both these appeals are decided by this common judgment as Criminal Appeal No. 547/2013 is preferred by State under Section 377 of the Code of Criminal Procedure for enhancement of sentence imposed upon accused while Criminal Appeal No.518/2013 is preferred by accused challenging his conviction for the offences punishable under Sections 376(2)(f) and 377 of Indian Penal Code, whereby he is sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.1000.00 and in default, to suffer rigorous imprisonment for three months on each count. Both the sentences are directed to run concurrently.

(2.) For the purpose of convenience, appellant/accused is referred as "accused" in this judgment, who is charged with the allegations that on 10/10/2011 at about 2 p.m. he committed rape on prosecutrix - minor girl, aged about 3 years, in her house situated in the premises of Khandelwal's Crasher and at the same time, he had cornal intercourse against order of nature with the minor girl.

(3.) In brief, it is the case of prosecution that on the day of incident, i.e. on 10/10/2011 at 8 a.m. P.W.1 Gumfabai, P.W.2 Asaram and their minor daughter prosecutrix were present at home. Accused is related to P.W.2 Asaram, father of prosecutrix, being husband of his sister. It is alleged that on 10/10/2011 after accused visited house of complainant, she and her husband proceeded for work and accused asked prosecutrix to come with him to his house. Around 2 p.m. when P.W.1 Gumfabai returned back with her husband, they noticed that entrance door of their house was open and accused was wearing his pant while prosecutrix was found sleeping on ground and weeping. On seeing them, accused ran away from the spot. Minor girl on seeing her parents came to her mother and informed that accused committed sexual assault on her by inserting his private part into her vagina as well as anus. It is the case of prosecution that due to such act, prosecutrix was bleeding from her private parts and, therefore, on the basis of report (Exh.10) lodged by P.W.1 Gumfabai, offences punishable under Sections 376 and 377 of Indian Penal Code came to be registered vide Crime No. 283/2011 by P.W.7 Harne, PSI. During the course of investigation, he drew spot panchanama (Exh. 15) and from the spot seized articles including one bottle containing coconut oil, blood stained frock and knicker of prosecutrix under seizure panchanama (Exh. 17). Prosecutrix was referred for medical examination by issuing requisition memo (Exh. 45) and on recording statements of witnesses, arrested accused vide arrest panchanama (Exh. 46). On 11/10/2011 he seized clothes of accused, which were on his person at the time of incident under seizure panchanama (Exh. 47) and on the same day, seized blood and semen samples of prosecutrix and accused under seizure panchanama (Exhs. 48 and 49). Further investigation was carried out by P.W.6 Raut, during the course of which he forwarded seized muddemal articles to Chemical Analyser under requisition memo (Exh. 37) and Chemical Analyser's reports are on record (Exhs. 38, 39 and 40). DNA reports are on record (Exhs. 41 and 42) and on completion of investigation, P.W.6 Raut filed charge-sheet in the Court of Judicial Magistrate, First Class, Amravati. In due course of time, case came to be committed to the Court of Sessions for trial.