KISHAN BARAKU THAKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal filed by original accused No. 2 against the Judgment and Order dated 24th August 1994 passed by the Vth Assistant Sessions Judge, Thane in Sessions Case No. 209 of 1994. The two accused were facing charge under section 376 (2) (g) as also under section 506 read with section 34 of I. P. C. The victim of the incident was one Bebi Janu Bhala, aged about 15 years, admitted in VII standard. The incident is said to have been taken place on 28-10-1993 on Ranvihir-Dolkhamb Road which was her usual way of reaching the school. When she came near a place known as Mothi-Khori, two unknown persons caught her and forcibly took her by the side of the road at some distance and one after other committed rape on her.

(2.) THE said vicinity was rural where she washed her clothes and went to her school. There she contacted her teacher one Mr. Bondre and narrated the incident to him. The said teacher advised her to go to police station. She, therefore, went to Dolkhamb Police Chowky but nobody was present.

(3.) ON a way back to home she narrated the incident to one watchman of a bungalow, coming on the way to her house and requested him to scribe the report. Accordingly he scribed the report. She narrated the incident to her mother also. Her mother decided to wait till father of the girl come back. The report which was already scribed was given in the police station after four days, after her father had returned. The girl was examined by Dr. Yadav and charge-sheet was filed. At the end of the trial, the accused was found guilty for offence under section 376 (2) (g) and was awarded sentence of 10 years R. I. and to pay a fine of Rs. 1000/- in default to undergo six months R. I. further. However, both the accused were acquitted under section 506 of I. P. C.