1. Heard.

2. The appellant is convicted for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code by learned Adhoc Additional Sessions Judge, Buldana by his judgment dated 23rd February, 2012 in Sessions Case No. 106 of 2009.

3. Complainant Ganesh Bhangale's wife Mrs. Versha had been admitted in Ward No.9 of Government Hospital, Buldana for delivery. The complainant was staying with his wife in the hospital ward itself. The incident in question had occurred on 17th May, 2009. Shraddha the daughter of the complainant had come to stay with the complainant at hospital two days prior to the date of incident. She had come along with her uncle Ramdas. Ramdas returned to his village and Shraddha had stayed back with her father.

4. On 17th May, 2009 at about 9.00 a.m. when the complainant, his wife and his daughter were taking meals below a tree outside the Government Hospital the appellant had approached the complainant and had demanded a bidi. The complainant gave him one bidi. On the same day at about 11.30 a.m. the complainant was going to market along with his daughter Shraddha. The appellant also wanted to accompany them to the market. It appears that somebody from the family of the appellant was also admitted in the hospital. As such the appellant, complainant and daughter of the complainant went to market. Shraddha went to the ward and the complainant was sitting in the courtyard of the hospital after returning from market. Shraddha came down in the courtyard at about 4.30 p.m. The complainant, however, asked her to go back to her mother. The complainant himself visited the ward at about 5.00 p.m. His daughter Shraddha was not seen in the ward. The complainant inquired from his wife. She told the complainant that Shraddha had gone downstairs. The complainant, therefore, went down and was searching his daughter. Since his daughter could not be traced for a long time, the complainant, went to Police Station and lodged a missing report. He, however, suspected that his daughter might have been kidnapped by the appellant, because the appellant was also missing from the premises. In the report lodged at Police Station the complainant has given description of his daughter and the appellant. His oral report was recorded which is at Exh.27. It is the case of prosecution that the appellant had taken the daughter of the complainant to his sister's house on the pretext that he would perform marriage with her. The daughter of the complainant viz. Ms Shraddha accompanied him to the village of sister of the appellant which was near village Dhad. The victim girl Shraddha was detained overnight in the said house and the appellant had sexual intercourse with her without her consent. After that she was let off and allowed to go to village Dhad. Ms Shraddha came to Buldana by a public taxi. She inquired about the address of Civil Hospital, Buldana where her mother was admitted. However, the person to whom she was inquiring brought her to Police Station. The police made further inquiries from Shraddha and she had disclosed everything to the police. She was sent for medical examination by the police. Her clothes were also seized by the police.

5. During the course of investigation, the appellant was arrested. Panchnama of the spot was drawn. The appellant was also sent for medical examination and for collecting semen and pubic hair. After completion of investigation charge-sheet was filed by the police.

6. The learned trial Court framed charge for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code against the appellant. The appellant pleaded not guilty and claimed to be tried. The prosecution had examined in all eight witnesses. P.W. 1 is panch witness who was present when the spot panchnama was drawn at Civil Hospital. P.W. 2 is complainant, P.W. 3 is the victim of the offence Ms Shraddha, P.W.4 is mother of the victim Mrs. Versha, P.W. 5 is Dr. Bramhanand who had examined the victim