MAHABIR Vs. STATE

JUDGEMENT

(1.) . The story relates to the year 1974 and revolves around a man in his twenties carrying the name of Mahabir and a woman in her teens known as Sheela.Both were distantly related to each other and in fact knew each other quite well. On September 27, 1974 Mahabir took Sheela to Beharampu r. They stayed therefor about 15 days sharing the warmth of their bodies. When they came back her parents lost no time in taking her to the Police Station where a report stood already lodged by hermother.This saw the arrest and subsequent prosecution of Mahabir. On August 13, 1976 he was convicted and sentenced undersections 366 and 376 of the Indian Penal Code.

(2.) . This appeal is by the same Mahabir.

(3.) . It is the statement of Sheela which holds the key. And, what does it show? It shows that she was quite friendly with Mahabir and had enjoyed his company by the bank of river Yamuna, at a restaurant and at: other undisclosed places. It was she who, on the fateful day, had met Mahabir at a place known as Ashram and it was from there that they had gone to the Railway Station to board train for Berhampur. It was a long journey which ate away "one day and night". At Berhampur they stayed in the house of one Budhu (DW2) where they had a room and it was there that they played the game of sensuous flesh.