HUSSAIN MOHAMMED MUJAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellant challenges the judgment and order dated 12.11.1992 passed by the Additional Sessions Judge, Sangli, in Sessions Case No. 186 of 1990, whereby he has been convicted and sentenced to undergo six months R.I. and to pay a fine of Rs. 500/ -, in default to suffer two months S.I., for the offence punishable under Section 354 of the I.P.C.

(2.) SHORTLY stated the prosecution case runs as under: The victim Sangeeta P.W. 3 who was aged 7 years at the time of the incident was the daughter of Shalan Mali P.W. 1. Shalan at the time of the incident along with Sangeeta and another daughter Pinky, was living in a room in the house of one Sitaram Balu Chavan situated in village Dafalpur, Taluka Jat, District Sangli. Adjacent to the house of Sitaram Balu Chavan was a boarding house known as Jehangir Boarding House, the owner of which was one Gulab Shaikh. The appellant - Hussain alias Balu Mohammed Mujawar was the nephew of Gulab Shaikh. In between the house of Sitaram Balu Chavan and Jehangir Boarding House, there was a common oata on which the appellant used to sleep at the time of the incident. On the date of the incident (3.11.1989) at 9 p.m., after taking dinner, Shalan, Sangeeta and Pinky slept inside their room. As bugs started biting Sangeeta and her sister Pinky, they came and slept on the oata. After sometime, Sangeeta woke up from her sleep. She saw that the appellant first removed his under wear and then her nicker (chaddi). He, thereafter kept his penis on her vagina and embraced her. She asked him to release her. He then pricked her on her left leg. Some wet substance fell on her legs. The appellant thereafter, went away. Meanwhile, Pinky woke up from her sleep and asked Shalan to give her food. At that time, Sangeeta started weeping. When Shalan asked her the cause for the same, she informed her about the incident.

(3.) THE evidence of Sangeeta shows that before proceeding to police station Jat, she had taken a bath.