AQNELO ALIAS ROBERT FERNANDES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appeal is filed by the appellants challenging their conviction for offences punishable under Ss. 376 (2) (a), 342, and 354 of the Indian Penal Code and sentence of rigorous imprisonment for 10 years and to pay fine of Rs. 10,000/- in default 6 months simple imprisonment, rigorous imprisonment for 6 months and to pay fine of Rs. 1,000/- in default 1 month simple imprisonment and rigorous imprisonment for 1 year and to pay fine of Rs. 1,000/- in default 1 month simple imprisonment. The appellants have also been convicted for an offence punishable under S. 323 of the Indian Penal Code and are sentenced to pay fine of Rs. 1,000/- in default 1 month simple imprisonment. The aforesaid conviction and sentence has been passed on the appellants by the IInd Additional Sessions Judge, Panaji, in Sessions Case No. 16 of 1996, vide judgment dated 15/11/2000.

(2.) P. W. 18 Bosco George then P. S. I. , received a wireless message on 1/08/1995, from the casualty department of the Goa Medical College, Bambolim that a girl had been admitted in the hospital for attempted rape. P. W. 18 George imemdiately proceeded to the Goa Medical College and requested the doctor on duty to certify whether the girl admitted in Ward No. 115 was in a fit condition to give her statement. On the doctor so certifying, on the letter dated 1/08/1995, at Exhibit 54. P. W. 18 P. S. I. George then recorded a detailed complaint of the girl. The said complaint is at Exhibit P. W. 2/a and signed by P. W. 18 P. S. I. George at point 'a'. P. W. 18 P. S. I. George then handed over the complaint Exhibit P. W. 2/a to P. I. Umesh Gaonkar P. W. 20, who on the basis of the said complaint registered the offence vide Crime No. 250/95 under Sections 354, 342, 323 and 376 read with S. 34 of the Indian Penal Code. P. W. 20 P. I. Gaonkar then directed P. W. 18 P. S. I. George to arrest the accused. P. W. 18, P. S. I. George arrested original accused Nos. 1 to 3 and also attached a Maruti Van vide attachment panchanama Exhibit P. W. 3. A. Accused No. 4 was arrested on 2/08/1995. All the four accused were then referred for medical examination to the Goa Medical College and the certificates of the appellants are at Exhibits P. W. 1/b. P. W. 1/c. P. W. 1/d and P. W. 1/e. The letter from the police requesting P. W. 1 Dr. E. J. Rodriques to examine the accused and the prosecutrix is at Exhibit P. W. 1/h. The examination report of the prosecutrix is at Exhibit P. W. 1/a.

(3.) ON 3/08/1995 P. W. 20 P. I. Gaonkar visited scene of the offence alongwith accused No. 2 and conducted the scene of offence panchanama in the presence of P. W. 4 Ramesh Ghadi and one Ramdas. The scence of offence panchnama is at Exhibit 58. Alongwith the scene of offence panchnama a white bedsheet. Some hair a hook of the brassier, a torn brassier and a sleeveless banian came to be attached, which are M. Os. 3, 4, 6, 7 and 8. The hotel register of Goa Lodge also came to be attached. The xerox copy of the register is at Exhibit 30. In the presence of P. W. 6 and one Nuru Dias the clothes of accused No. 1 came to be attached. The attachment panchanama is at Exhibit P. W. 6/a. The panchanama of the attachment of the clothes of the accused 2 to 4 are at Exhibit P. W. /6a Collv.