The judgment emphasizes the principle of proving guilt beyond reasonable doubt and highlights the insufficiency of evidence to establish the involvement of the appellant in the commission of the crime.

JUDGEMENT :

G. A. Sanap, J.

1. The appellant has challenged the judgment and order dated 23.12.2019 passed by the learned Additional Sessions Judge, Akot District Akola in Sessions trial No.07/2017, whereby the learned Judge convicted the appellant for the offence punishable under Section 376(2)(j)(l) of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 10 years and pay a fine of Rs.5,000/-, in default of payment of fine, to further undergo simple imprisonment for six months.

The facts leading to this appeal may be stated in brief.

2. The incident occurred on 10.12.2016 at about 7.00 p.m. to 7.30 p.m. The report of the incident was lodged by Nandkishor Ghonge (PW-2) at Akot Police Station. The victim, who was subjected to sexual intercourse, on the date of incident, was 60 years old. She was physically challenged and/or mentally ill. It is the case of prosecution that the victim had come to Adgaon Phata, 7 to 8 days prior to the unfortunate incident. The victim was mentally ill. The victim took shelter under a tamarind tree near Adgaon Phata. Investigation in the case revealed that she was resident of Jambhala, Taluka Hadgaon, District Nanded.

3. The informant owns a auto rickshaw. He plied the auto rickshaw between Akot and Adgaon Khurd. The informant noticed presence of mentally ill victim under tamarind tree at Adgaon Phata. The informant took pity on the victim and started providing snacks/food to the victim everyday. On 10.12.2016, while coming back from Akot to Adgaon Khurd, he brought samosa/snack for the victim. On that day, Suresh Miraji Amle, Gopal Vishwanath Bhute, Mangesh Narayan Adhao, Amar Prakash Gawai and others were carried by the informant in his auto rickshaw as passengers. The informant, after coming near the tamarind tree, where the victim had taken shelter, stopped his auto rickshaw, but he could not locate the victim. A gunny bag used by the victim was lying under the tree. The other passengers got down from the auto rickshaw for urination. The informant turned his auto rickshaw in order to search and locate the victim with the help of the head lamp of the auto rickshaw. It is stated that the informant in the light of head lamp saw the appellant in a naked condition. He was lying on the body of the victim. He was doing sexual intercourse with the victim. The informant and other passengers thereafter went towards the said spot. The appellant ran away from the spot. He hid himself in thorny bushes at the other side of the spot. The informant and passengers took search. However, he was not found. They all came back to the victim. The victim was completely nude. They put saree on her person. The victim was unable to speak. The informant and other passengers therefore, realized that the appellant, by taking undue advantage of mental illness of the victim, forcibly committed sexual intercourse with her. The informant went to Police Station, Akot, Rural and lodged report.

4. On the basis of his report, the crime was registered against the appellant. The police on the basis of this report, displayed due diligence and paid visit to the spot. They brought victim to the Police Station. Police sent the victim to the hospital for medical examination. The Investigating Officer drew panchanama of the spot of the incident. He seized one steel tiffin box and one underwear from the spot. The accused was arrested. He was medically examined. The clothes of the appellant were seized. The samples were collected by the Medical Officer at the time of examination of the victim. The clothes of the victim and the clothes of the appellant had been sent to Regional Forensic Science Laboratory, Amravati. The Investigating Officer took search of the relatives of the victim. He handed over the victim in the custody of her son. After completion of investigation, the Investigating Officer filed charge-sheet against the appellant in the Court of learned Judicial Magistrate First Class, Akot.

5. On committal of the case