SANTOSH PIRAJI WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CHALLENGE in this appeal is to judgement rendered by learned ad hoc Additional Sessions Judge (Mr. A. R. Qureshi), Nanded, in Sessions Case No. 32 of 2004, whereby appellant is convicted for offences punishable under sections 366 and 506 (2) of the I. P. Code and is sentenced to suffer rigorous imprisonment for seven (7)years and to pay fine of Rs. 1000/-, in default to suffer simple imprisonment for three (3) months and to suffer rigorous imprisonment for two (2) years, respectively.

(2.) BACKGROUND facts leading to the prosecution are as follows :-Complainant Goribi used to cultivate agricultural lands of other owners on profit-sharing basis (batar ). Appellant Santosh was employed by her as an agricultural servant. He was removed from service couple of days before the incident. On 3rd October, 2003, complainant Goribi went to the agricultural land, leaving her daughter Shannu alias shahnaz and her daughter-in-law by name shaheda at the house. Her daughter-Shannu alias Shehnaz was then aged about 17 years. At about 2. 30 p. m. , her son went to the agricultural land and informed her that said Shannu alias Shehnaz was not at home since about one hour. She, therefore, returned to home. She and her relatives searched for Shannu alias Shehnaz. However, the efforts drew blank. She noticed that the clothes of Shannu alias Shehnaz, a silver chain, gold earrings of 5 grams and amount of Rs. 5000/- was missing. Her inquiry revealed that Shannu alias Shehnaz had gone in company of the appellant in an auto-rickshaw by Gortha road. On next day, she approached the Police Station and lodged a report.

(3.) THE prosecution case is that the appellant abducted said Shannu alias shehnaz (prosecutrix) from her house under threats. He pointed out knife to her and also threatened that he would commit suicide by consuming poisonous substance if she would not accompany him. She went with him under duress. He took her to nizamabad via Parbhani. The appellant is said to have abducted the prosecutrix with intent to forcibly marry her or to seduce her to commit sexual intercourse with her. He sold her silver chain and the gold earrings at Nizamabad. They resided together for two and half months. He used to work in a hotel as a waiter. She also used to work in the same hotel. He committed sexual intercourse with her during the stay at nizamabad. She became pregnant as a result of the sexual intercourse, which was done by the appellant without her consent. She was under fear of the threats given by the appellant that he would cause her death if she would run away. After two and half months, PW7 Ganesh and relatives of the prosecutrix visited Nizamabad. They rescued her. She was brought back to the village and was produced before the Police officer of Umri Police Station. She was referred to the Civil Hospital at Nanded for medical examination. The police carried out certain investigation and charge-sheeted the appellant for offences punishable under sections 363, 366, 376 and 506 (2) of the i. P. Code.