Indian Kanoon - Search engine for Indian Law

(f) The Appellant went to Loni-Haveli on 26/04/2016 in the morning and brought the Victim to their village.

6 Cri-Appeal--734-2019.odt

10. In her testimony, before the learned Trial Court, the Victim deposed that since last five (05) years her mother was staying with her maternal grand-mother. Before the incident, she was taking education in 6th Standard and the Appellant dropped her to maternal grand-mother's house at Loni-Haveli on 11/04/2016 and brought her back to their Village at Ralegan-Siddhi on 26/04/2016. Thereafter, the Appellant took the cattle for grazing and she accompanied the Appellant till the Government hill, to assist him. The Appellant told her that he was unable to control the cattle and insisted her to accompany him. She told the Appellant that she was hungry and wanted to go back home. The Appellant got angry and told her not to insist for meal and asked her to stay with him. She started crying. At about 11:00 am, the Appellant came near her and asked whether she was wearing the nicker. She moved from her father and went to the Neem tree. The Appellant went near her and said that she always wanted to go to the place of her maternal uncle and wanted to have intercourse with boys. He pushed her down. She started shouting. The Appellant threatened her not to shout, otherwise he will beat her. The Victim stopped shouting. The Appellant removed her clothes, also his clothes and committed forceful intercourse with her. The Victim experienced pain in her private part. The Appellant left that place and put on his clothes. The Victim was crying and put on her clothes.

11. The Victim further deposed that thereafter, she went near hill to provide water to cattle near K.T. canal and returned to the field of 7 Cri-Appeal--734-2019.odt onion. She was below the tree and it was 01:00 pm. Again the Appellant committed forceful intercourse with her and she suffered pains to her private part. Thereafter, while grazing cattle, they came ahead of hill. It was 03:00 pm and again near Neem tree, the Appellant committed forceful intercourse with her. The Appellant threatened her not to disclose the incident to anybody.

12. The Victim further deposed that at about 5:00 pm, they returned home. She reported the incident to her paternal grand- mother, who gave her bath and dinner and asked to sleep. Her paternal grand-mother told her that she should go to Loni-Haveli and ask her maternal grand-mother to lodge report. On the next day, the paternal grand-mother gave Rs.10/- to the Victim. The Victim went to Loni-Haveli by the bus and reached at 5:00 pm. When her maternal grand-mother reached home after grazing the cattle at about 6:00 pm, she narrated the incident of forceful intercourse by the Appellant to her maternal grand-mother. On the next day, the Victim's maternal grand-mother took her to the Police Station and lodged the Report, which was at Exhibit - 21.

17. This medical evidence on record falsifies the version of Victim of forceful intercourse. She was a minor girl. If real forceful intercourse would have taken place for three (03) times, there would have been injuries on her person. The medical evidence do not corroborate the Victim's version. From the above discussed evidence on record i.e. Victim's and Medical Officer's testimony, it becomes clear that the Victim was an unreliable witness.

18. What is further seen from the evidence of PW - 5 [Dr. Manisha Pralhad Undre], is that she also examined the Appellant and found abrasions or scratches on his back, abdomen and both arms. Though in her evidence, she deposed that the said abrasions or scratches might have caused due to resistance by the girl, in her cross-examination, she deposed that the said abrasions or scratches could be possible while working in agricultural field. Therefore, the said injuries on the Appellant do not further the Prosecution's case in proving the Charge.