Case Note & Summary
The matter is a criminal appeal arising from the judgment of the District Judge-1 and Additional Sessions Judge, Ahmednagar, in Sessions Case No. 320 of 2011, convicting the appellant Vijay @ Ajay Murlidhar Dalvi for offences under the Indian Penal Code. The trial court found the appellant guilty of two counts of rape under Section 376 IPC, along with offences under Sections 392 (robbery), 452 (house-trespass after preparation for hurt, assault or wrongful restraint), and 506 (criminal intimidation). The prosecution case involved two incidents that occurred on the night of 9th August, 2011, in village Gunwadi. The first prosecutrix, Ranjana Shelke (aged 50), was alone in her hut when the appellant entered through the roof at about 10.00 p.m., threatened her with a knife, extorted Rs.5,000, removed the electric bulb, and committed rape. He also threatened her with dire consequences if she disclosed the incident. Ranjana subsequently informed her relatives and lodged a complaint at Nagar Taluka Police Station, leading to registration of Crime No. 141 of 2011 under Sections 376, 392 and 457 IPC. Later the same night, between 1.00 a.m. and 2.00 a.m., the appellant entered the hut of a second prosecutrix, Kashibai Parbhane (aged 55), by opening the latch, threatened her, and raped her. Kashibai also reported the matter after narrating it to her nephew. The appellant was arrested, medical examinations of both victims and the appellant were conducted, and exhibits including clothes and samples were sent for chemical analysis. The trial court, after examining 11 witnesses including the two prosecutrixes, panch witnesses, and medical officers, convicted the appellant and sentenced him to ten years' rigorous imprisonment for each rape (to run consecutively), along with concurrent sentences for the other offences. The appellant preferred Criminal Appeal No. 348 of 2013 before the High Court of Bombay at Aurangabad. The High Court heard the appeal and reserved judgment on 14th June 2018, later pronouncing it on 22nd June 2018. The excerpt provided does not include the court's analysis or final decision.
Issue of Consideration
Whether the conviction of the appellant under Sections 376, 392, 452, 506 of the Indian Penal Code by the trial court is sustainable based on the evidence on record.
