SURESH BALKRISHNA NAKHAVA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ADMIT. BY consent of parties heard forthwith. This is an appeal challenging the judgment and order of conviction and sentence passed against the accused by the Ld. 3rd Addl. Sessions Judge, Raigad, on 3-4-1997, for offences punishable under sections 376, and 342 of I. P. C. The appellant has been sentenced for offence punishable under section 376 I. P. C. to suffer R. I. for 7 years and to pay a fine of Rs. 500/- and in default to suffer R. I. for 3 months and for offence punishable under section 342 of I. P. C. he is sentenced to suffer R. I. for 6 months and to pay a fine of Rs. 500/- and in default to suffer R. I. for 3 months. After directing that the substantive sentences to run concurrently, the Ld. Addl. Sessions Judge, acquitted the accused for offence punishable under section 506 of I. P. C. It is reported that the fine has been deposited by the accused.

(2.) THIS appeal came up for admission. There is also a prayer for bail. The matter was placed for admission on 7-7-1997, and 14-7-1997. The father of the prosecutrix Ramchandra Masan filed an application as intervenor which is registered as Criminal Application No. 1847 of 1997, and there was some talk of settlement between the advocate for the intervenor and the advocate for the accused during the course of which the father of the victim was also present. The wife of the accused also appeared in Court. Although the trauma that the victim has suffered cannot be totally made good by any amount of monetary compensation, such a settlement would atleast help the victim to resettle in her life. Affidavits have been filed by the intervenor as also by the wife of the accused. Both affidavits are taken on record.

(3.) THE complaint in this case was lodged on 29-11-1994 by Kum. Punam Ramchandra Masan resident of Navpada Karanja, Tal. Uran, Dist. Raigad contending inter alia therein that she was aged about 14 years. Her mother died long back when she had not even reached the age of understanding. Thereafter her father Ramchandra entered into the second marriage and presently the prosecutrix is living with her father and step mother.