JUDGEMENT
C. L. Pangarkar, J. -
(1.)This is an appeal by the accused who was convicted under section 376 of the Indian Penal Code and was sentenced to 10 years R. I. and to pay fine of Rs. 500/ -.
(2.)The facts giving rise to this appeal are as follows: one Zingubai resides with her daughter and husband at village Rangai district Barhanpur. Her husband had taken on lease 5 acres of land at village tembhurkheda. One Ramlal also had taken another field on lease and he was residing by the side of the house of the complainant Zingubai. Prosecutrix barkibai was being sent to the field every day in order to keep watch over the crops in the field. On the date of the incident i. e. on 18-8-2005 Barkibai was sent to the field and her mother assured that she would follow her. They went to the field around 11 a. m. They did not find Barkibai in the field. They took search around and again came to the field. Around 12 in the noon Barkibai came weeping. Her mother Zingubai questioned her as to what had happened. She told her that accused Ramlal met her and asked to follow him in the hilly track for collection of the fire wood. After taking her there it is alleged that Ramlal raped her. Complainant mother took Barkibai to the police station and lodged the report with the police. Police had sent Barkibai for examination. It was reported that barkibai had suffered injury on her private part and her hymen was torn. Police also seized clothes of Barkibai and that of the accused. After completion of the investigation the charge-sheet came to be filed.
(3.)Judicial Magistrate First Class committed the case to the Sessions. Sessions Judge framed the charge and after recording the evidence of the witnesses held the accused guilty of offence under section 376 and sentenced him to 10 years imprisonment. It is against this order of conviction and sentence that this appeal is preferred.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.