BHAGWAN @ MAHARU RAGHO KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant - original accused - Bhagwan @ Maharu Ragho Koli is convicted by the learned Additional Sessions Judge, Dhule, for the offence punishable under Section 376(2)(f) and Section 506 (i) of Indian Penal Code (IPC) in Sessions Case No. 114 of 2012, dated 16-01-2014. The appellant-accused is sentenced to suffer rigorous imprisonment (RI) for life and to pay a fine of Rs.2000/- in default to suffer SI for three months for the offence punishable under Section 376(2)(f) of IPC. He was further sentenced to suffer RI for two years and to pay a fine of Rs.500/- in default to suffer further SI for one month for the offence punishable under Section 506 (i) of IPC. The appellant-accused, taking recourse of remedy under Section 374 of Code of Criminal Procedure, 1974 (Cr.P.C.), knocked the door of this Court and filed present appeal to redress his grievance.

(2.) It has been alleged on behalf of prosecution that there was pilgrim of Yashwant Maharaj on 04-03-2012 in village Ner, Taluka and District Dhule. The parents of minor prosecutrix, 8 years old, decided to visit fair with children. The father also gave Rs.30/- each to minor prosecutrix and his elder brother for enjoyment in fair. Thereafter, father had gone to answer natures call. After returning home, he realized that minor daughter prosecutrix is not available in the home. He made enquiry with wife Sunanda. She disclosed that prosecutrix might have been out-side the house. Meanwhile, at about 7.30 p.m. minor prosecutrix returned to home. She was weeping at that time. After inquiry by parents, she disclosed that one person gave her coconut and took her in the field. He committed sexual assault on the minor prosecutrix. The mother saw bleeding injuries at the private part of minor prosecutrix. Thereafter, parents took her to Government Hospital at Ner for medical treatment. The concerned Doctor advised them to take the prosecutrix to the Civil Hospital at Dhule for further treatment. Later-on, father filed First Information Report (FIR) about incident to the Police of Dhule Taluka Police Station, for further process.

(3.) Pursuant to FIR of the father of minor prosecutrix, Police registered the Crime No. 55 of 2012 under Section 376 of IPC and swung into action. The Investigation Officer (IO) visited to the minor prosecutrix for recording her statement. But, up-till 08-03-2012, minor prosecutrix was not in a condition to give statement. She was in frighten condition and under duress. However, IO succeeded to record her statement on 08-03-2012. The minor prosecutrix shown inability to disclose the name and identification of culprit. She was not in acquaintance with alleged offender. The minor prosecutrix pointed out scene of occurrence. It was located in the field of PW-2 Devidas Mali. The IO prepared panchnama of spot of incident. He also recorded statement of land owner Shri Devidas Mali. He had disclosed the name of appellant-accused for sexual assault on the minor prosecutrix. Thereafter, appellant-accused was arrested in this crime. The IO recorded statements of witnesses acquainted with facts of the case. IO collected documents of medical examination of prosecutrix. He seized the clothes of prosecutrix under panchnama. The appellant-accused was referred for medical treatment. The IO recovered clothes of accused under Section 27 of the Evidence Act, which were on his person at the time of incident. The seized muddemal was referred to Forensic Laboratory for analysis. After compliance of procedural formalities, IO preferred the charge-sheet against the accused bearing Sessions Case No. 114 of 2012.