Advocates:
['THROUGH JAIL', '', 'ADV A N NAGARGOJE APPOINTED', 'COPY SERVED ON PP', '', 'PUBLIC PROSECUTOR']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CRIMINAL APPEAL NO.413 OF 2015.

(Jail Appeal)

Suresh s/o Karbhari Wadge,

age 61 years, Occu. Agri.,

R/o Naigaon, Tq. Shrirampur,

Dist. Ahmednagar.

… APPELLANT.

VERSUS

The State of Maharashtra,

through Police Inspector,

Taluka Police Station,

Shrirampur, Tq. Shrirampur,

Dist. Ahmednagar.

… RESPONDENT.

…

Advocate for appellant : Mr.A.N. Nagargoje (Appointed).

APP for the respondent – State : Mrs.S.S. Raut.

...

CORAM : V.L. ACHLIYA, J.

13^th JULY, 2017.

ORAL JUDGMENT:

Being aggrieved by the judgment and order dated

14.11.2014 passed in Sessions Case No.103/2012 by the

Additional Sessions Judge, Shrirampur, District

Ahmednagar convicting the appellant for the offence

punishable under Sections 376 and 506 of IPC, the

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appellant has preferred this appeal.

2.

Before adverting to appreciate the submissions

advanced, it is necessary to consider few facts leading to

prosecution of the appellant. On 27.8.2012, the

complainant Sau. Jyoti Chandrakant Lande (P.W.2)

visited the Police Station, Shrirampur and lodged

complaint to the effect that the appellant – accused has

committed rape on her unmarried sister-in-law Janabai

(hereinafter referred to as “the prosecutrix”) while she

was grazing she-goats in the field adjoining to

percolation tank. She reported that about 15 days prior

to lodging of report, the prosecutrix complained of

vomiting and loss of appetite. Therefore, she was taken

to Dr. Shinde (P.W.4). He gave certain medicine. But, the

prosecutrix continued to face same problem. Therefore,

on 25.8.2012, she again took her to Dr. Shinde. On

examination and particularly, after conducting urine

test, Dr. Shinde disclosed that the prosecutrix was

carrying pregnancy of two to two and half months. She,

therefore, made enquiry with the prosecutrix. On

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enquiry, prosecutrix disclosed that one day in the noon

time, when she was grazing the she-goats near the

percolation tank, the accused came close to her and

asked her to accompany him for chitchatting. He took

her to place nearby percolation tank. The accused

committed sexual intercourse with her. After completing

sexual intercourse, he told her that he has finished his

work and asked not to disclose about incident to anyone,

else he will kill her. She further disclosed that because

of said act of accused, she was facing problem of

vomiting and lost appetite. On the basis of the

complaint lodged by Jyoti (P.W.2), offence punishable

under Section 376, 506 of IPC came to be registered

against the accused with Police Station, Shrirampur vide

CR No.73/2012. Investigation of the case was entrusted

to API Smt. Devyani Patil (P.W.9). She referred

prosecutrix for medical examination to Medical Officer,

Shrirampur. She further obtained permission from the

Court of J.M.F.C., Shrirampur for conducting DNA test of

victim and accused. During the course of investigation,

she recorded statement of Kachru Maroti Lande and

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Prayagbai – father and mother of the prosecutrix. She

arrested accused. She directed her staff to take victim

and accused to Civil Surgeon, Ahmednagar for obtaining

sample of blood for DNA test. She issued request letter

to that effect to Civil Surgeon, Ahmednagar. The clothes

on the person of accused were seized. The accused was

also referred for medical examination.

Further

investigation was entrusted to P.I. Kailas Fundkar

(P.W.10). He got recorded the statement of prosecutrix

through Smt. Sneha Mahajan (P.W.6), the Head Mistress

of Deaf and Dumb School, Ahmednagar and also referred

prosecutrix to Civil Surgeon, Ahmednagar for collecting

blood sample. Later on, forwarded the clothes of victim

and accused as well as