NITIN SHAMRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant herein is convicted for the offence punishable under Section 376 of the Indian Penal Code and sentenced to suffer R.I. for seven years and to pay fine of Rs.25,000/-, in default, to suffer R.I. for one year. He is also convicted for the offence punishable under section 506 of the Indian Penal Code and sentenced to suffer R.I. for two years, in default, to suffer R.I. for two months by the Additional Sessions Judge, Islampur vide judgment and order dated 24th April, 2015 in Sessions Case No. 3 of 2014. Such of the facts necessary for the decision of this appeal are as follows.

(2.) The Appellant happens to be the brother-in-law of the prosecutrix. On 14th August, 2013, the prosecutrix, who was residing with her mother and is the widow of the brother of the Appellant, lodged a report at Islampur Police Station alleging that she has got married in the year 2002 with the brother of the Appellant. She is a mother of two daughters. On 1st August, 2012, her husband had expired and since then she is residing in her maternal house. That on 13th August, 2013, at about 2.30 p.m., she was at her house with Sandip Jadhav (described as maternal cousin in the FIR), at that time, the present Appellant had been to their house to invite her for the first death anniversary of her husband which was falling on 20th August, 2013. He waited for some time and then left her house. Sandip Jadhav also left the house immediately. However, the Appellant returned back at about 4.00 p.m. He asked her to give water for drinking. He sat on the cot. The prosecutrix went to bring water, at that time, he closed the door and, thereafter, had committed forcible sexual assault upon her. He threatened her with dire consequences that in the eventuality she discloses it to anybody, he would kill her and also her daughters. At 9.30 p.m. her mother returned home. However, she did not disclose it to her mother. At 11.30 p.m. Sanjip Jadhav had returned home. She had disclosed the incident to him. Thereafter, all three of them had been to the house of Shamrao Patil i.e. father-in-law of the victim and had disclosed to him about the incident. That her father-in-law did not pay any heed to her complaint and asked her to take appropriate steps. She, therefore, approached the police station and lodged a report. On the basis of the said report, Crime No. 153/2013 was registered at Islampur Police Station against the present Appellant for the offences punishable under section 376, 506 of the Indian Penal Code. After completion of the investigation, the charge-sheet was filed on 11th November, 2013. The case was committed to the Court of Sessions and registered as Sessions Case No. 3 of of 204. The prosecution examined eight witnesses to bring home the guilt of the accused.

(3.) Pw1 is the prosecutrix herself. She has deposed before the Court in consonance with the First Information Report. According to her, when she was disclosing the incident to Sandip Jadhav, her mother had overheard the same and, therefore, she decided to visit the house of the father-in-law and that her father-in-law was adamant and, therefore, she was constrained to report to the police station. First Information Report is marked as Exhibit 15. On 15th August, 2013, PW1 was referred for medical examination at the Civil Hospital, Sangli. She was informed that she was carrying pregnancy of six weeks i.e. 1 and 1/2 months. Her supplementary statement was recorded. She and her mother had decided that she would get married to Sandip Jadhav after the death anniversary of her husband. She has admitted that she had consensual sexual intercourse with Sandip Jadhav as they were to get married. She had also disclosed to the police that Sandip Jadhav would be the biological father of the foetus. There was a scratch on her left side breast.