- (1.) This Appeal is directed against the judgment and order delivered by the Addl. Sessions Judge, Nashik in Sessions case No.146/95, convicting the appellant who was the accused in the said case of an offence punishable under section 376 of the IPC, and sentencing him to suffer Rigorous Imprisonment for a period of 12 years, and to pay a fine of Rs.5,000/ in default to suffer RI for 9(nine) months.
(2.) The prosecution case, as put forth before the trial court, may, in brief be stated thus : The appellant - an ExMilitary man - was, at the material time, employed as a watchman in Mahendra and Mahendra Co. Nashik. He was residing with his wife Aruna and his two sons Vilas and Jivan. The appellant is the uncle of the wife of one Kondiram, a resident of Satara. Daughter of Kondiram, aged about 15 years (who is the victim of the offence), was sent to the house of the appellant with the consent of Kondiram and his wife for education. The daughter - name not mentioned to avoid disclosure of identity - was admitted in a school. When the daughter of Kondiram (hereinafter referred to as 'the victim') was residing with the appellant, the appellant allegedly had sexual intercourse with her, repeatedly, for a period of about 3 - 4 months. The victim missed her menstrual cycle for two months consecutively, felt vomiting sensation, and therefore, disclosed this fact to the neighbors Smt.Ahire and Smt.Pawar (PW3). They perhaps suggested that she needed to be taken to hospital, and therefore, the victim asked the appellant to take her to hospital. The appellant took her to Civil Hospital, Nashik. On examination, the Medical Officer found the victim to be pregnant. When the Doctor asker her about her pregnancy, the victim told the doctor that she had been raped by her own grandfather. The appellant left the Civil Hospital without taking the victim with him. The Medical Officers of Civil Hospital and policemen on duty, sent a wireless message to the parents of the victim in District Satara. In the mean time, while in the Civil Hospital, the victim lodged a report with the police which was treated as the First Information Report and an offence punishable under section 376 of the IPC was registered against the appellant. Necessary investigation was done, and on completion thereof, a chargesheet came to be filed against the appellant.
(3.) The prosecution examined seven witnesses during the trial. The appellant did not examine himself on oath, or adduce any evidence in defence.;