The Bombay high court has upheld the Sessions court order that convicted a 27-year-old driver for kidnapping and raping a minor girl. Balaji Kamble had enticed the girl, coerced her to steal Rs2 lakh from her parents, run away with him and threatened her when she wanted to return to her parents.
Justice TV Nalawade of the Aurangabad bench of the HC has upheld the seven -year rigorous imprisonment (RI) of Kamble, who hails from Latur.
The HC was hearing an appeal filed by Kamble through advocate SS Thombre challenging the conviction claiming that he was being framed as his family was unable to return the Rs1 lakh loan taken from the girl's parents. The Sessions court in Latur had convicted him for kidnapping and rape in 2013 and sentenced him to seven-year RI. The HC, however, refused to accept the argument saying: "No parents would involve their marriageable daughter in such incident by making false allegations."
According to public prosecutors SB Pulkundwar and SN Patil, Kamble used to often try to contact the girl while she was on way to school and claimed that he loved her. Her father used to work in Vishakhapattanam and hence wasn't available in Latur always. She used to stay with her mother and brother.
In December 2010, when the girl's mother and brother were away, Kamble entered the house and after claiming that he loved her, had sex with her. He told her not to disclose the incident to anyone. He had sex with her on 2-3 other occasions in a similar manner.
Proposing her marriage on January 30, 2011, he asked her to leave her parents' house. He even asked her to get the money which was there at her parents' house.
On February 1, 2011, when the girl's mother was not at home, she stole Rs2 lakh from her house and left with Kamble. It was during her cross examination that the girl revealed that Kamble knew that her father had sold a property and the sale proceeds were kept in the house.
When she was leaving, even her 11-year-old maid accompanied her. They took a halt at Tuljapur and went to his sister's house at Malad in Mumbai. The sister refused to give them shelter and advised them to return home to Latur.
After a few days, on the maid's request, they put her in a bus for Latur. When the girl told Kamble that she too wanted to return, he allegedly threatened her. They then rented a place in Pune where he introduced her as his wife to the landlord.
The Latur police finally traced them to Pune on March 6, 2011. However, Kamble escaped as he had gone out for some work. They arrested him after a few days. Kamble took the defence of total denial and claimed that the girl was 20 years old.
The judge, however, refused to accept the argument and said that her birth certificate and school records reveal that she was a minor when he had intercourse with her and took her away from lawful guardianship of her mother.
Also, the doctor who examined her said that her age was 16-17 years. Thombre further argued that the girl had left her house on her own and she had consented to sex. The judge observed that Kamble had been enticing her and despite her resistance, he had intercourse with her.
"Prosecution has given evidence that the accused (Kamble) used to intercept her on a way to school and he used to search for opportunities to talk with her. He was virtually enticing her by saying many good things to her. He used to say that she was pretty looking and he would make her happy. She has given evidence that on one day, the accused entered her house when she was alone and even when she was opposing, he had sexual intercourse with her," said the judge.
Upholding his conviction under charges of kidnapping, the judge observed: "It is a fact that the girl, who was aged about 11 years, was also taken by the accused when he was taking the prosecutrix (victim girl) with him and thus, there was no escape for the accused from conviction for the offence punishable under section 363 of IPC."
ReportMumbaidnaMumbaiAurangabadBalajiBombay high courtkidnappingEscapeProsecutionrapeMonday, 15 December 2014 - 6:27am
dnai.in/cuBJ1 Reported by DNA 4 hours ago.
Justice TV Nalawade of the Aurangabad bench of the HC has upheld the seven -year rigorous imprisonment (RI) of Kamble, who hails from Latur.
The HC was hearing an appeal filed by Kamble through advocate SS Thombre challenging the conviction claiming that he was being framed as his family was unable to return the Rs1 lakh loan taken from the girl's parents. The Sessions court in Latur had convicted him for kidnapping and rape in 2013 and sentenced him to seven-year RI. The HC, however, refused to accept the argument saying: "No parents would involve their marriageable daughter in such incident by making false allegations."
According to public prosecutors SB Pulkundwar and SN Patil, Kamble used to often try to contact the girl while she was on way to school and claimed that he loved her. Her father used to work in Vishakhapattanam and hence wasn't available in Latur always. She used to stay with her mother and brother.
In December 2010, when the girl's mother and brother were away, Kamble entered the house and after claiming that he loved her, had sex with her. He told her not to disclose the incident to anyone. He had sex with her on 2-3 other occasions in a similar manner.
Proposing her marriage on January 30, 2011, he asked her to leave her parents' house. He even asked her to get the money which was there at her parents' house.
On February 1, 2011, when the girl's mother was not at home, she stole Rs2 lakh from her house and left with Kamble. It was during her cross examination that the girl revealed that Kamble knew that her father had sold a property and the sale proceeds were kept in the house.
When she was leaving, even her 11-year-old maid accompanied her. They took a halt at Tuljapur and went to his sister's house at Malad in Mumbai. The sister refused to give them shelter and advised them to return home to Latur.
After a few days, on the maid's request, they put her in a bus for Latur. When the girl told Kamble that she too wanted to return, he allegedly threatened her. They then rented a place in Pune where he introduced her as his wife to the landlord.
The Latur police finally traced them to Pune on March 6, 2011. However, Kamble escaped as he had gone out for some work. They arrested him after a few days. Kamble took the defence of total denial and claimed that the girl was 20 years old.
The judge, however, refused to accept the argument and said that her birth certificate and school records reveal that she was a minor when he had intercourse with her and took her away from lawful guardianship of her mother.
Also, the doctor who examined her said that her age was 16-17 years. Thombre further argued that the girl had left her house on her own and she had consented to sex. The judge observed that Kamble had been enticing her and despite her resistance, he had intercourse with her.
"Prosecution has given evidence that the accused (Kamble) used to intercept her on a way to school and he used to search for opportunities to talk with her. He was virtually enticing her by saying many good things to her. He used to say that she was pretty looking and he would make her happy. She has given evidence that on one day, the accused entered her house when she was alone and even when she was opposing, he had sexual intercourse with her," said the judge.
Upholding his conviction under charges of kidnapping, the judge observed: "It is a fact that the girl, who was aged about 11 years, was also taken by the accused when he was taking the prosecutrix (victim girl) with him and thus, there was no escape for the accused from conviction for the offence punishable under section 363 of IPC."
ReportMumbaidnaMumbaiAurangabadBalajiBombay high courtkidnappingEscapeProsecutionrapeMonday, 15 December 2014 - 6:27am
dnai.in/cuBJ1 Reported by DNA 4 hours ago.