HATYA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both sides.

(2.) Aggrieved by recording of conviction for the offences punishable under Sections 451 and 376 of Indian Penal Code and consequential sentences to suffer rigorous imprisonment for six months and to pay fine of Rs. 200/- for the offence punishable under Section 451 of Indian Penal Code; and rigorous imprisonment for five years and to pay fine of Rs. 500/- for the offence punishable under Section 376 of Indian Penal Code, by learned Addl. Sessions Judge, Shahada in Sessions Case No.166 of 1998, present appeal is preferred by the original accused.

(3.) The complainant/prosecutrix, a married lady, was resident of village Bhangrapani, Tq. Akkalkuwa, Dist. Nandurbar. On 24th January, 1990, her husband had gone to his maternal uncle at another village and the prosecutrix was all alone in the house. There was no permanent door to the house of the prosecutrix and therefore, the house was shut with a wooden log only. In the midnight, the appellant came in the house of the prosecutrix. He pressed throat of the prosecutrix due to which, she awoke from sleep. He disclosed his name as Hatya. Thereafter, under threat of life, she was asked to keep mum. The appellant gagged her mouth by his one hand and removed his pant. He also removed saree of the prosecutrix, lifted her Ghagra (petticoat) and committed forcible sexual intercourse with her. There was discharge of semen. The prosecutrix wiped her vagina with her Ghagra (petticoat).