1. This appeal filed under Section 374 of Cr.P.C. arises from the order of conviction and sentence passed by the learned 5th Ad-hoc Assistant Sessions Judge at Kolhapur on 6/2/2002 in Sessions Case No.177 of 2001 for the offences punishable under Sections 376 and 452 of IPC. For the first offence the appellant has been sentenced to R.I. for ten years and to pay a fine of Rs.10,000/- in default to suffer S.I. for one year and for the second offence he has been sentenced to suffer R.I. for two years and to pay a fine of Rs.2000/- in default to suffer S.I. for three months. Both the sentences have been directed to run concurrently.

2. As per the prosecution the complainant Shivaji Shankar Parit, PW 4 was the resident of village Shittur, Taluka Shalinwadi, Dist. Kolhapur and his family consisted of wife, daughter prosecutrix aged 11 years and son Akshay aged three years and the house of his parents was separate. Adjacent to his house was the house of his parents as well as his wife’s brother’s house was located there. His wife had gone to village Masur-Chikali on 18/4/2001 (Wednesday) for a festival. On 21/4/2001 he had left his house to go to his family near the village itself and at about 12 to 12-30 noon he received a message from Kumari Savita Anand Patil that his mother Dhondubai had called him home immediately and he, therefore, returned home and noticed that the prosecutrix was sleeping on the floor and his mother and sister were sitting near her. On his enquiry with his mother, she told him that the prosecutrix was suffering from severe bleeding and, therefore, she asked him to call a doctor. He went to the Rural Hospital at Shittur and at his request Dr. Satpute came to his house and on examination of the prosecutrix prescribed some medicines as well as gave one injection. Her clothes were soaked and, therefore, were changed. Dr. Satpute told him that her bleeding would stop but as a matter of precaution she should be taken to a hospital at Karad. She was, therefore, taken to Ekopa Clinic at Karad where Dr.Suhas Deshpande - PW 9 admitted her at about 5 p.m. Sonography test was also done. On the next day i.e. on 22/4/2001 she regained consciousness and the complainant enquired with her regarding the reason of bleeding and he was told by her that at about 11 a.m. on the earlier day she had gone to her grand-mother’s house, took her food and returned to her house. Her friend Savita had accompanied her. Within short time the accused entered her house and asked Savita to go out of the house and bolted the door from inside. The accused then took her on the folded bed, he pressed here mouth by his arm, removed her undergarment and committed sexual intercourse. The prosecutrix was discharged on 23/4/2001 at about 9 a.m. and Dr. Deshpande asked the complainant to take her to the Cottage Hospital at Karad along with all the papers and accordingly he went there. He was asked about whether the complaint was lodged with the police and thereafter he went to the Karad Police Station where he was asked to go to the police station at Shahuwadi where he lodged the complaint (Exhibit 20) which came to be registered as C.R.No.40/2001. She was sent for medical examination and the accused was taken in custody on 26/4/2001. The clothes on her person as well as on the person of the accused were seized and were sent for chemical analysis. On completion of the investigation charge-sheet was filed on 2/7/2001 for the offences punishable under Sections 376 and 452 of IPC.

3. The prosecution examined the prosecutrix PW 1, Rajaram Dattatraya Ghatage - PW 2, Aba Ramchandra Parit - PW 3, Complainant Shivaji Shankar Parit - PW 4, Dr.Subhash Ramchandra Jagtap - PW 5, Tukaram Vithal Gurav - PW 6, Umesh Ramchandra Hajare - PW 7, Gajanan Hindurao Jadhav - PW 8, Dr.Suhas Suresh Deshpande - PW 9 and Dr. Sarita Babasaheb Thorat - PW 10. The statement of the accused und