A.S. Gadkari JUDGMENT
A.S. Gadkari, J.
1. In Appeal No. 1172 of 2007, the appellant has challenged the judgment and order dated 31st August 2007 passed by the Ad hoc District Judge 2 and Additional Sessions Judge, Sangli in Sessions Case No. 79 of 2007 thereby convicting the appellant for an offence punishable under Sections 376(2)(f) of the Indian Penal Code and sentenced him to suffer R.I. for 10 years and to pay fine of Rs. 2000/- and in default of payment of fine to further suffer simple imprisonment for six months. The State has preferred Appeal No. 1223 of 2007 as contemplated under Section 377 (1) of Cr. P.C. for enhancement of the sentence imposed upon the appellant by the Trial Court by the aforesaid judgment and order. Both appeals are heard together as they are arising out the same impugned order dated 31st August 2007 passed by the Trial Court.
In the present judgment, we do not propose to mention the name of the victim girl in view of the provisions of Section 228-A of the Indian Penal Code and in pursuance of the observations made by the Supreme Court in para no. 4 in the case of State of Himachal Pradesh Vs. Shree Kant Shekari [MANU/SC/0750/2004 : AIR 2004 SC 4404] and the prosecutrix hereinafter will be referred to as the victim.
2. The facts which are necessary to decide the present appeal can briefly be stated thus:-
(i) The incident had occurred on 23.12.2006. The victim girl (PW- 4) was about 9 years of age and was studying in 3rd Standard in Marathi Mulinchi Shala No. 2 at Yelavi, Taluka-Tasgaon, District-Sangli. Her timing of the school was 7 a.m. to 12.00 p.m. in the noon. PW-2 Smt. Vaishali Yadav is the mother of the victim. The victim was also preparing for the Maharashtra Talent Search examination and for the said examination she was going to the house of Smt. Pawar madam for tuition. The appellant was residing near the house of the victim and PW-2.
(ii) On 23.12.2006, the victim was coming back to her house after attending tuition from Smt. Pawar madam at about 5.30 p.m. On the way back to her house, the appellant met her and told the victim that her parents are going to Soni and they have called the victim there. The appellant also informed that the parents of the victim are waiting for her near his house. The appellant under the pretext of taking the victim to her parents, forcibly took the victim girl in the sugarcane crop and when the victim girl started shouting put his hand on her mouth and threatened her that if she raises her shout he would beat her. In the sugarcane crop the appellant forcibly committed rape on the victim. The appellant put on his clothes. As the victim could not get up because of pains and bleeding, the appellant went away by leaving the victim girl on the spot. After some time the victim girl worn her clothes. As there was acute stomach ache, she walked down slowly to her house and after reaching the house she slept there. After the enquiry from her mother, she informed her mother (PW-2) that the appellant has torn her private part and blood is oozing from it.
(iii) PW-2 Smt. Vaishali, the mother of the victim thereafter took her to the hospital of Dr. Salunkhe. Dr. Salunkhe immediately gave her treatment. After the victim girl started feeling better, PW-2 Smt. Vaishali lodged the first information report bearing no. 133 of 2006 under Section 376 of Indian Penal Code. The victim girl was thereafter referred to Dr. Prakash Hankare........