VINAY JOSHI,J. - (1.) This criminal appeal has been filed against the judgment and order of conviction dated 06.10.2015 passed by the learned Additional Sessions Judge, Wardha in Sessions Case No. 152/2013 registered at Pulgaon Police Station, whereby, the learned Additional Sessions Judge convicted the appellant - accused namely Mangal @ Mangesh Husen Meshram for the offence punishable under Section 376 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay fine of Rs. 1000/- with stipulation of default. The appellant was also convicted for commission of offence punishable under Section 323 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- with stipulation of default. Both the sentences are directed to run concurrently. The learned Additional Sessions Judge however, acquitted the appellant - accused for the offence punishable under Sections 307 and 506 of the Indian Penal Code. The benefit of set off in terms of Section 428 of the Code of Criminal Procedure was accorded to appellant - accused since he was in jail from 13.03.2013 till conclusion of trial.
(2.) The factual matrix of the case is that the victim lady was labourer, resident of village Rampur, and at relevant time, was living with one Rama Mundekar. On 12.03.2013, around 05.00 p.m., she went to her new hut for plastering and then within 30 minutes, she went to nearby place for answering nature's call. At that time, accused arrived, pressed her mouth and by force, dragged her to nearby place. The victim raised alarm, on which the accused struck at her left shoulder with wooden stick. The accused partially undressed her and had forcefully sexual intercourse with her. After few minutes, the accused repeated the act of sexual intercourse. While leaving the place, the accused threatened to the victim that she should not disclose the incident to any one. After sustaining sexual assault, victim was lying at the place itself. Around 07.00 p.m., Rama with whom victim was living, came to the place of occurrence and took her to the house. On the following day, victim went to the concerned Police Station and lodged report.
(3.) On receipt of report regarding commission of cognizable offence, the Police registered crime vide Crime No. 53/2013 and commenced the investigation. During the course of investigation, the Police drew panchanama of the scene of offence, seized incriminating articles at the instance of the accused and sent accused as well as victim for medical examination. On completing the formalities of investigation, Police filed final report in terms of Section 173(2) of the Code of Criminal Procedure in the Court of Jurisdictional Magistrate.;