JUDGMENT :

Smt. Vibha Kankanwadi, J.

Present appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Amalner, Dist. Jalgaon in Sessions Case No.25 of 2014 for the offences punishable under Section 376(2)(l) of Indian Penal Code on 08.09.2015. The appellant has been held guilty and directed to undergo imprisonment for life and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for two years.

2. The prosecution story is that the informant is the brother of the victim. Victim was aged 27, however, she is mentally retarded and was unable to speak properly. She was residing with informant, his wife and the other family members. The victim is unmarried. FIR came to be lodged by the informant on 10.05.2013 stating that he had gone to Kolhapur district to work on bricks kiln about eight months prior to the FIR and his wife and daughter were along with him. The victim as well as the younger brother were at their native place. The younger brother is an agriculture labour. About 8 days prior to 10.05.2013, Sarpanch of the village of the native place of the victim and informant gave telephone call to the informant and informed that the victim is pregnant of around 5 to 6 months and, therefore, he should return to the village. Therefore, four days prior to the FIR, informant came back to his village and lodged report against unknown person. It appears that, at that time, the offence was wrongly registered under Section 376(2)(i) and 376(2)(K) of the Indian Penal Code. The investigation has been carried out. The victim was got medically examined. Apart from the physical examination, it was the examination in respect of the mental condition of the victim also. It is then the prosecution story that in the supplementary statement recorded on 13.05.2013, the name of the accused came to be revealed and he came to be arrested on 12.12.2013. He was medically examined on 13.12.2013 and thereafter, the DNA samples, which were taken, were sent for analysis. In the meantime, statement of witnesses under Section 161 of the Code of Criminal Procedure were recorded. Panchanama of the spot was carried out and after completion of the investigation, charge-sheet was filed.

3. The prosecution has examined in all eight witnesses to bring home the guilt of the accused and after considering the evidence and hearing both sides, the learned Trial Judge has convicted the accused by holding him guilty. Hence, this appeal.

4. Heard learned Advocate Mr. S. K. Adkine for the appellant and learned APP Mr. A. V. Deshmukh for the respondent - State.

5. With the able assistance of learned Advocate for the appellant and learned APP, we have considered the record and proceedings. What is emerging is that P.W.1 is the brother of the victim, who had lodged the report Exhibit-16. The FIR was against unknown person and even in his examination-in-chief, P.W.1 has stated that when he had asked about the incident to the victim, she had not stated anything to him. That means there was no disclosure of the name of the accused by the victim to P.W.1. P.W.3 Mahendra Borse is the Sarpanch of the village, who resides in the lane where the victim resides along with her brother-in-law. P.W.3 Mahendra has stated that when he was in his house, a woman in the lane had given him message and called him to the house of informant and the said woman told Sarpanch that she is suspecting about the pregnancy of the victim and under such circumstance, he had given phone call to the informant. After the informant came to village, Sarpanch had taken informant and the victim to Rural Hospital, Amalner and got the victim medically examined. The medical officer told that victim is pregnant and referred her to Dhule for further treatment. He says that medical officer at Dhule had not got the victim admitted being the MLC Case, but advised them to go to Civil Hospital, Jalgaon. He then says that he had taken the victim to Civil Hospital, J