GOMA TUKARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE order of conviction and sentence recorded by the Additional Sessions Judge, Gondia on 29-5-1985 in Sessions Trial No. 5 of 1984, convicting the accused appellant of the offence punishable under section 376 of the Indian Penal Code and sentencing him to suffer Rigorous Imprisonment for three years, has been challenged in this appeal.

(2.) THE accused-appellant and the victim Sarjabai (P. W. 1) are the residents of the same village. It is the case of the prosecution that on 23rd July 1983, Sarjabai took the cattle for grazing near the field of the accused. One of the cows from the herd entered into the field of the accused. It was about 2 p. m. The accused called her and asked her to take away the cow. She, however, refused to go inside the field. The accused came near her, lifted her and took her inside the field. He then loosened her sari and committed sexual intercourse with her. She raised cries, where after her son, who was grazing his cattle at long distance, came. Then they started for the village. In the way, she met one Beniram to whom she reported the incident She went to the police Patil where the First Information Report (Exh-16) was scribed. Then she went to the police station and lodged the First Information Report She was subjected to the medical examination. On due investigation, charge-sheet has been put up against the accused accusing him with the offence of rape.

(3.) THE learned Additional Sessions Judge framed the charge under section 376 of the Indian Penal Code. On recording the evidence, examining the accused and on hearing both the counsel, the learned Additional Sessions Judge came to the conclusion that the ocular testimony of the prosecutrix Sarjabai (P. W. 1), duly corroborated by the circumstantial evidence was sufficient enough to lead him to the conclusion that it was the accused who committed sexual intercourse with the prosecutrix. With this finding he convicted the accused and sentenced him to the term of imprisonment detailed in the opening paragraph of this judgment Feeling aggrieved with this order of conviction and sentence, the appellant-accused has come up in appeal.