MOHAMMED GAUS IBRAHIM SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appeal is preferred by the original accused challenging the judgment and order in Sessions Case No.1034 of 1995 passed by the learned Addl. Sessions Judge, Greater Bombay, whereby the accused was convicted for the offence of rape punishable under Section 376(2)(f) of I.P.C. and was sentenced to undergo R.I. for ten years and to pay fine of Rs.500/-.

(2.) Prosecution case, in brief, is that the complainant Suman Jadhav (PW-2) resided in Indira Nagar Zopadpatti, Opposite Kala Mandir Cinema, Bandra (East) along with her husband, two sons and a daughter aged about four years during the year 1995. The said daughter, examined as PW-3, was the victim of the offence and thus prosecutrix. The accused was also residing in the same neighbourhood along with his wife and two-year-old son. He was called as "Mohd. Mama" by the children of the locality. On 23.4.1995, at about 9.30 p.m., the complainant left her house to see off and reach her mother and a nephew at Kala Mandir. Her husband had gone out for fetching water. the children were playing around the house. At about the same time, the wife and son of the accuse were also not at his house and the accused was alone. At about 10.00 p.m., PW-2 Suman came back and the prosecutrix also returned from the house of accused. About 15 minutes after that the prosecutrix told her mother that she wanted to pass urine. Therefore, her mother took her to a Morie or drainage. However, the prosecutrix could not pass urine and on enquiry by mother she told "see what Mohd. Mama has done". According to PW-2 Suman, on examination, she fond a little blood near her private part. On further enquiry by her, the prosecutrix told that Mohd. Mama had made her sit on his lap and told her that he would do "Bula Bula". Later on, PW-2 Suman disclosed this fact to her husband. They went to the house of the accused to question him about the incident, but he ran away. Thereafter, PW-2 Suman along with her husband and daughter went to the Kherwadi Police Station and lodged a report. The girl, who was feeling pain, was referred to Nagpada Police Hospital where she was examined and then she was referred to Bhabha Hospital and then to J.J. Hospital. The accused was also arrested and was examined by the Medical Officer. The clothes, blood samples, etc. were collected and referred to the Chemical Analyser. After investigation, charge-sheet was filed against the accused for the offence under Section 376 of IPC.

(3.) The accused pleaded not guilty. On behalf of the prosecution, in all five witnesses were examined. Several documents were placed on record.