M.T. Joshi, J. - (1.) HEARD both sides.
(2.) AGGRIEVED by recording of conviction for the offence punishable under Section 376 read with 511 of Indian Penal Code and consequential sentence to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/ -, present appeal is preferred by the original accused. The prosecution case, in short, is as under : - • That, the victim in the offence, at the time of occurrence, was about seven years old. The appellant was sixteen and half years old. The incident in question had occurred on 8th October, 1997. On that day, in the morning, the victim had gone to attend tuition class between 8:30 a.m. and 9:30 a.m. The father of victim, being in military, resident of the Cantonment area of Ahmednagar, after his night duty, came to the house at 8:45 a.m. Thereafter, he again went to his duties at 10:00 a.m. and by that time, the victim had not returned. He returned back to the house at 11:45 a.m. At that time, he found that the victim was weeping in the house and the mother of the victim was making inquiry with her. The father also joined in the same. • The victim told that at about 8:00 a.m., while she was proceeding to her tuition class, a youth having red colour bicycle, met her on the road. He promised her to escort upto Central School. Thereafter, he took her away from Cantonment area to a secluded place, as described in the F.I.R. He made her to get down from the bicycle. Thereafter, under a tree, he removed her frock and spread it on the floor. He made her to lie on the floor. Thereafter, he removed his trouser and inserted his penis in her private part. She started weeping as there were pains. He gagged her mouth. Thereafter, he tied her both the legs and put a part of footwear in her private part due to which, there was bleeding to her. At that time, the victim questioned him, however, he told her that he was playing a game of lock and key. After sometime, he untied her and thereafter, brought her in the vicinity of her house. He told her that she should not disclose the said incident to her parents else, they themselves would beat her and thereafter, he went away. • As the father of the victim was required to join his duty at 2:00 p.m. again, he asked his wife to make inquiry as to who was the youth. In the circumstances, when the mother was making inquiry in the vicinity, it was found that present appellant had a bicycle of red colour. Upon inquiry, the appellant told that he had not done the incident. In the night, the mother of victim told the said fact to the father of victim. • In the circumstances, on the next day in the morning, the father took the victim to M.I. Room of military. He narrated the incident to the doctor. His senior Officer, however, told the father of victim to file a complaint. Accordingly, the complaint came to be filed.
(3.) A .P.I. - Kisan Gawali, PW 9, conducted the investigation. He drew panchnama of the spot of occurrence. He arrested present appellant and seized his clothes. The clothes of the victim were also seized. The victim was sent for medico -legal examination. The appellant was also sent for the medico -legal examination on 10th October, 1997. Statement of the relevant witnesses, including that of the victim and her mother were recorded. The relevant property was sent to the C.A. The C.A. report was collected and charge sheet came to be filed.;