JUDGEMENT - VISHNU SAHAI, J. :---Aggrieved by a perverse Judgment dated 14-12-1983, passed by the Additional Sessions Judge, Satara, in Sessions Case No. 75 of 1983, acquitting the respondents for offences punishable under sections 376 I.P.C. and 392 r/w 34 I.P.C. the appellant has preferred the present appeal, under section 378(1) Cr.P.C.

2.Briefly stated the prosecution case runs as under :-

The prosecutrix Chandrabhaga, P.W. 2 was the daughter of Zimaji Kokare. She was residing in village Deur, Taluka Javali, along with her parents, her brothers Anand and Shankar, her sister Lilabai and other family members. Her three brothers Shamu alias Shamrao, Vithal and Laxman, were residing at Maldev. Her elder sister Venubai and her husband Arjun were residing in village Kas. About a month prior to the incident, she along with Shankar had gone to her brother's place in Maldev. They stayed there till a day prior to the incident (3-2-83). On 3-2-83, on receiving news from father-in-law of her brother Shamrao about her brother's illness, she along with Shankar decided to return home. Her evidence is that her brother Shamrao had given her Rs. 1,500/- which she was to hand over to her parents for domestic expenses. Her evidence further is that at about 3 to 4 p.m. on 3-2-83 she and Shankar boarded boat of respondent-Zimaji in village Dinda. Till that place, her brother Laxman had accompanied them. At about 6 p.m. the same day, she and Shankar reached village Deur. As her house was at some distance, both of them decided to spend the night at the house of respondent-Savla. Respondent-Zimaji also decided to spend the night there. That night, after taking their dinner, at Savala's place, she and Shankar slept there.

On 4-2-1983, at about 7 a.m. the prosecutrix and Shankar started for their house which was at a distance of 2½ miles from respondent Savala's house. At about 8 a.m. while they were in the forest area, the respondent-Savala came from behind her and caught her around the waist. When she cried, he released her. After she had gone 20 paces, respondent Zimaji came out of the forest. At that point of time, her brother Shankar ran away in the direction of her house. Zimaji attempted to commit rape on her. She resisted. During her resistance, her underwear was torn. Thereafter, respondent Zimaji committed rape on her for about 15 minutes. The same resulted in bleeding from her private parts. When she was trying to get up, respondent-Savala threatened that he would kill her in case she got up. Thereafter Savala raped her for about 10 minutes. As a result of her being felled on the ground, the money which she was carrying, fell and the same was taken by the respondent-Zimaji. Thereafter, both the respondents told her that they would Kill her in case she informed anyone about what had happened. She then went towards her house and on the way, met her father Zimaji Kokare. She narrated to him the whole incident and also informed him the names of the respondents. At that time, her mother and brother Shankar were also accompanying her father. Thereafter, along with her father and others, she went home and changed her clothes. She handed over her blood-stained underwear to her father. The next day, (5-2-1983) her father along with her, went to village Kas where her sister Venubai and her husband Arjun were residing. It appears from her evidence that Arjun advised them to lodge an F.I.R. After spending the night at Venubai's place, next evening at about 9 p.m., she and her father came to Police Station.

3.The F.I.R. of the incident was lodged by the prosecutrix Chandrabhaga on 6-2-1983 at 9 p.m. at Police Station Medha. The said F.I.R. was recorded by Police Jamadar Vithal Shinde, P.W. 7. It is Exhibit 17. On its basis, a case under sections 376, 392, and 506/34 I.P.C. was registered against the respondents. After the F.I.R. had been lodged, Vithal Shinde sent her for medical examination to Civil Hospital, Satara.

4.The prosecutrix Chandrabhag

Click Here to Read the rest of this document