GIRJESH RAJENDRA PRASAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present appeal assails the judgment and order dated 8th September, 2006 passed by the Second Ad-hoc Additional Sessions Judge, Kalyan, in Sessions Case No. 161/2004. THE learned Sessions Judge convicted the appellant-accused for the offence punishable under section 376(2)(f) of the Indian Penal Code, 1860 and sentenced him to suffer RI for 10 years and to pay fine of Rs. 1000/-, and in default, to suffer RI for 3 more months.

(2.) A step-daughter of the complainant Smt. Ashadevi Rathod residing at Barrack No. 740, Balkanji Bari, Ulhasnagar-3, District Thane, came weeping back home around noon time on 28th April, 2004. The complainant noticed blood on the legs of her stepdaughter who is hereinafter referred to as the victim. She, therefore, checked private part of her stepdaughter and noticed blood stains on knicker. On inquiries, the victim disclosed that the appellant-accused had called her to his house and under the pretext of playing had removed her knicker and slept on her. The victim was taken to the Central Police Station and thereafter, for medical examination to the Central Hospital, Ulhasnager, where she was medically examined and treated. Smt. Ashadevi Rathod thereafter lodged the complaint of rape on her step-daughter against the appellant accused with the police station. Crime was registered vide C.R. No. 1-87/2004 under section 376 of the Indian Penal Code against the appellant-accused around 18.30 on 28th April, 2004 with the Central Police Station, Ulhasnagar.

(3.) . The case was duly committed to the Court of Sessions at Kalyan, District Thane. The learned 2nd Ad-hoc Sessions Judge, Kalyan, framed charge under section 376(2)(f) of the Indian Penal Code, 1860 as per Exhibit-2 against the appellant-accused. The accused pleaded not guilty and claimed to be tried.