Case Note & Summary
The criminal appeal arose from the judgment and order dated 23-2-2010 (or 23-2-2011) passed by the learned Additional Sessions Judge, Ahmednagar, in Sessions Case No. 182/2009, convicting the appellant (original accused) under Section 376 of the Indian Penal Code for rape and sentencing him to rigorous imprisonment for seven years with a fine of Rs. 1000/-, and under Section 506 IPC for criminal intimidation, sentencing him to simple imprisonment for one month with a fine of Rs. 500/-, with both sentences to run concurrently. The prosecution case was that on 30 May 2009, the victim, a girl aged 13-14 years, was working in a sugarcane field along with other women. The accused, a tractor driver, was also present. At around 12 to 12.30 noon, when the victim was sent to fetch water, the accused grabbed her, threatened her with an axe, and committed rape upon her. She sustained bleeding and swelling. Out of fear, she did not disclose the incident immediately, but the next day her mother learned of it through others and the victim narrated the ordeal. An FIR was lodged on 1 June 2009. The investigation included spot panchanama, seizure of clothes, medical examination of the victim and the accused, and obtaining chemical analyser reports. The victim's medical examination revealed injuries consistent with recent sexual assault. The prosecution examined ten witnesses, including the victim, her mother, the father, doctors, panch witnesses, and the investigating officer. The defence claimed false implication, alleging that the accused had prevented the victim and her mother from work due to grass stealing, leading to a quarrel and assault on the accused. In the appeal before the High Court, the appellant challenged the conviction, but the extracted portion of the judgment ends before the court's analysis, reasoning, and final decision. Therefore, the outcome of the appeal and the legal principles applied are not available in the provided text. (The summary is based on the available facts up to the cross-examination of the prosecutrix.)
Issue of Consideration
CRIMINAL APPEAL NO. 168 OF 2011
Case Details
2012 LawText (BOM) (01) 1
Criminal Appeal No. 168 of 2011
Mr. R.K. Temkar for the appellant, Mr. S.G. Nandedkar, Additional Public Prosecutor for the respondent
Pinu @ Jamal Manik Shaikh
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Nature of Litigation
Criminal appeal against conviction under Sections 376 and 506 of the Indian Penal Code
Remedy Sought
The appellant sought quashment of the conviction and sentence imposed by the trial court
Filing Reason
The appellant was aggrieved by the judgment and order of the Additional Sessions Judge, Ahmednagar, convicting him for rape and criminal intimidation
Previous Decisions
The Additional Sessions Judge, Ahmednagar, in Sessions Case No. 182/2009, convicted the appellant on 23-2-2010 or 23-2-2011 under Sections 376 and 506 IPC, sentencing him to seven years rigorous imprisonment with fine for rape and one month simple imprisonment with fine for criminal intimidation, with sentences to run concurrently
Submissions/Arguments
Prosecution: The victim, a 13-14 year old girl, was subjected to forcible rape by the accused in a sugarcane field with threats to kill; medical evidence and witness testimonies corroborated the incident; the FIR though lodged next day, was explained by fear.
Defence: The accused denied the charge and claimed false implication because he prevented the victim and her mother from work on a prior day due to their stealing grass; this led to a quarrel, assault on him, and a false complaint.
Judgment Excerpts
It is alleged that at about 12 Noon, women in the field sent victim Anita to bring water, and hence, she came near pipeline which was near grown up sugarcane. At this juncture, accused Pinu Shaikh came there and grabbed her in the sugarcane crop and threatened to kill her by axe, if she stated anything to other women. Thereafter, he fell down her and pressed her breast and removed her clothes, as well as, removed his clothes to the extent of knees and committed rape upon her, which resulted into oozing of blood and swelling on her private part and stains thereof were scattered on her knicker and Salwar.
The defence of the accused is of total denial and he stated that since P.W.2 Hirabai used to steal grass of other women, he did not allow her for work. On Monday, he did not allow Anita to come for work, and therefore, P.W.2 Hirabai took her to home and stated that 'we would see him'. Accordingly, she called boys in the village and also Sarpanch, and they assaulted him on his returning home in the evening and lodged false criminal complaint against him.
Procedural History
FIR was lodged on 1 June 2009 at Shevgaon Police Station under C.R. No. 53/2009. Investigation was completed and charge sheet filed before the Judicial Magistrate First Class, Shevgaon. The case was committed to the Court of Sessions, Ahmednagar, as it was exclusively triable by the Sessions Court. Charges were framed on 28 July 2010 under Sections 376, 506, and 376 r/w 201 IPC. The trial concluded with the Additional Sessions Judge, Ahmednagar, convicting the accused on 23 February 2010 or 2011. The appellant preferred the present appeal before the High Court. The High Court heard the appeal, reserved judgment on 16 January 2012, and pronounced it on 24 January 2012.
Acts & Sections
- Indian Penal Code, 1860: 376, 506, 201
