MUNNA MOHAMMED SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appeal is directed against the judgment delivered by the Addl. Sessions Judge, Pune in Sessions Case No.404 of 1995 (State of Maharashtra Vs. Munna Mohammed Shaikh) whereby the appellant charged for the commission of offence punishable under Sec. 376 of IPC and 506 (2) of IPC, stand convicted and has been sentenced to suffer RI for 7 years and to pay fine of Rs.1,000.00, in default RI for 3 months, and on conviction under Sec. 506(2) of IPC, is directed to undergo RI for 1 year and to pay fine of Rs.500.00, in default RI for one month. Both the sentences being directed to run concurrently along with the relief of set off for the period already in jail from 20/3/1995 to 6/5/1995. The Appeal is admitted on 28/8/1998 and the appellant is released on bail pending the Appeal, on the statement of the learned APP being recorded that the appellant has no criminal antecedents.

(2.) The prosecution case can be unfurled from the record, to the effect that the prosecutrix lodged a complaint with Mangalwar Peth Police Station, Pune on 16/3/1995 reporting about an incident which took place on 13/3/1995 when she was present in her house along with her daughter and father and retired to sleep at 10.00 p.m after having their meals. Her mother and one of her brother, also residents of the said house, were away on account of some reason. It was reported by the prosecutrix that at around 12.30 in the night, when she wanted to relieve herself, she opened the door of the house and after micturating near the nalla in front of the house, when was returning from the small lane adjoining the house, a boy (Appellant) in the neighborhood unexpectedly arrived there and gagged her mouth with his left hand and by brandishing a knife in the right hand, dragged her in the field of one Sibu. She reported that he threatened her that if she shout, he would harm her and burn her house, he removed the clothes on her person; a saree, petticoat and blouse and also removed the clothes on his own person and at the knife point, pressed her chest with the left hand and by inserting his private part, committed forcible sexual intercourse with her. She alleged that she was petrified with the said incident and ran naked in the house and since her mother was not there in the house, dressed herself in fresh pair of clothes and kept lying and did not report the incident to anyone. On 15/3/1995 at around 4.00 pm when her mother returned, she along with her mother, arrived at the police station and reported about the incident. The investigating machinery was set into motion and the Investigating Officer (PW 4) prepared the spot panchnama with the help of PW 3 (panch witness) and sent the prosecutrix for medical examination. The appellant came to be arrested on the same day and was subjected for medical examination. His arrest led to the discovery of a knife used by him for threatening the prosecutrix. On completion of investigation, the charge-sheet was filed.

(3.) The accused/appellant was charged for committing forceful sexual intercourse without consent of the prosecutrix on 14/3/1995 at 00.30 hrs in the open plot near his house, resulting in commission of offence punishable under Sec. 376 of IPC. He was also charged for criminal intimidation by threatening to kill the complainant if she would resist the sexual intercourse.