RAJARAM Vs. STATE OF MAHARASHTRA PRADESH

JUDGEMENT

(1.) The appellant is hereby challenging the correctness, propriety and legality of the order of conviction and sentence passed against him by the learned AddI. Sessions Judge, Neemuch, in S.T. No. 113/87 by which he convicted the appellant for offences punishable under Sections 366 and 376 I.P.C. and sentenced him to undergo R.I. of three years for an offence punishable under Section 366 I.P.C. and R.I. for seven years for an offence punishable under Section 376 I.P.C. with a direction that both the sentences to run concurrently.

(2.) The prosecution case can be stated as under: The prosecutrix Leelabai reached at Neemuch Bus- stand in the mid night at about 12 in the night of 4.6.1987 and was going towards Jawharnagar Puliya through the Vegetable market road. As soon as she reached near the Puliya, the accused came there riding on a bicycle and caught both the hands of the prosecutrix Leelabai, tied them and. thereafter gagged her mouth by cloth. After that he made her to sit on his bicycle and took her to a place near the burial ground of Muslims and started committing rape on her. Leelabai told him that she was sensing the nature of call and because of that accused left her, then Leelabai went at some distance and sat, as the appellant was standing at some distance, Leelabai took the advantage of that situation and escaped.

(3.) She went to a village named Hingoriya and woke up person named Jagdish, whom she narrated the incident. The said Jagdish took her again on bicycle and or ought her to Neemuch and left her near Vijay Talkies. From that spot. She did not go to her home but went to the house of one Ramibai, whom she was treating like sister and stayed for two days. Through the husband of Ramibai, she sent a massage to her husband Bherulal, who came there find met her. The prosecutrix narrated the said story to her husband. Thereafter, both the husband and the wife went to Suraj Verma and told him the said incident. Suraj Verma saw injuries on the breast and chin of said Leelabai caused by the appellant Rajaram during the said incident. Thereafter, she lodged her F.I.R and she was sent to medical examination to a lady doctor.