MADHUKAR BASWANT BARORA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the respective counsel.

(2.) The appellant herein is convicted by the learned Additional Sessions Judge, Kalyan vide judgment and order dated 3rd July 2012 for the offences punishable under Sections 366 (A), 376, 306 and 506 of Indian Penal Code. The appellant is sentenced to suffer rigorous imprisonment for a period of five years, ten years, five years and three years, to pay a fine of Rs.3,000/- each, in default to suffer rigorous imprisonment for three months, three months, three months and two months respectively. All the substantive sentences shall run concurrently.

(3.) It is the case of the prosecution that on 13th October 2009, Ms. "X" was admitted by her father and relatives in the Civil Hospital, Thane with history of burn injuries. The injured had sustained about 82% burn injuries. The statement of the injured was recorded by PSI, Manohar Parsu Patil (PW-6). The injured had disclosed to the Head Constable that on 11th October 2009 at about 10.00 pm., she had gone to answer nature's call outside her house. According to her, the present appellant had threatened her at the point of knife and had dragged her into the forest nearby Lenadi River. He had ravished her. He had then taken her to an unknown place, detained her under the threat and she was sexually assaulted throughout the day. On the next day, i.e. 13th October 2009 in the early hours at 4.00 am., he had dropped her near her house. She opened the door of her house and poured kerosene from the plastic can on her person and set herself on fire in the open place in front of her house. When she could not bear the pains, she started shouting and upon hearing her cries, her parents woke up and extinguished the flames by pouring water on her person and thereafter she was taken to Government Hospital. On 19th October 2009, Ms. "X" had succumbed to the burn injuries. The victim was resident of Shahapur and therefore initially the offence was registered as 00/09 for the offence punishable under Sections 366(A), 376 and 506(II) of Indian Penal Code and transferred to Shahapur police station for further investigation. The appellant-accused was arrested on 20th October 2009. The memorandum of post-mortem indicates that she had sustained burn injuries on both upper and lower extremities to the extent of 82% and the remark was written as follows :