PURUSHOTTAM SHANKAR KHADSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant takes exception to the judgment and order dated 20th March, 1998 passed by 2nd additional Sessions Judge, Washim, in Sessions trial No. 36 of 1996 convicting the appellant (hearinafter referred to as accused) for the offence punishable under Section 376 of the indian Penal Code and sentencing him to suffer r. I. for three years and to pay fine of Rs. 5,000/-, in default, to suffer R. I. for six months.

(2.) Briefly, the prosecution case is as under : the prosecutrix was staying with her parents at village Sawargaon and the accused was her neighbour. Before one year of lodging of the report on 29-1-1996, the accused came to her house and taking advantage of her loneliness had forcible sexual intercourse and told her not to disclose the said fact to anybody and promised that he would marry her. Thereafter both of them were living as husband and wife. On 29-1-1996, the prosecutrix lodged report against the accused inter alia stating that the accused had forcible sexual intercourse with her and he had promised to marry her. Pursuant to the said report lodged by the prosecutrix offence under Section 376 of the Indian Penal Code was registered against the accused and the investigation was taken up which culminated into filing of the charge-sheet. In Sessions Trial No. 36 of 1996, the prosecution examined four witnesses namely p. W. I - Dr. Mrs. Khuteja Begum, P. W. 2 - the prosecutrix, P. W. 3 - P. S. I. Shri. Sahebrao deshmukh, Investigating Officer and P. W. 4 -Subhash Khanhed, the Head Master of the school in which the prosecutrix was studying at the relevant time. Upon appreciation of the evidence, the Trial Court convicted and sentenced the accused as above.

(3.) I have heard Mr. V. G. Wankhede, learned counsel appearing for the appellant/ accused and Mr. S. Y. Deopujari, learned APP for the Respondent. I have also perused the records.