JAGDISH BALARAM NARANGIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-accused has approached this Court being aggrieved by the judgment and order dated 29 th January, 2004 in Sessions Case No. 95/2003 thereby convicting the appellant-accused for the offence punishable under Section 354 read with 376(2) (f) r/w Section 511 of the IPC and sentencing him to suffer two years R.I. and life imprisonment and pay fine of Rs. 5000/- each and in default to suffer R.I. For two years.

(2.) The prosecution case in brief is as under: That the families of the PW-1 Complainant Asha and the accused were residing in the neighborhood. It is the prosecution case that on 8 th September, 2002 at around 10.00 a.m. when the husband of the Complainant had gone for work, the Complainant was standing at the door of her house along with two daughters namely Ridhi and Aditi. It is the prosecution case that when she was standing with her two daughters, the accused came there and told her that he will take her daughter Ridhi for a round and come back. It is the prosecution case that thereafter the accused took the victim to his home and ravished her. On the basis of this allegation the FIR came to be lodged on 16 th September, 2002. At the conclusion of the trial the learned trial Judge convicted the accused. Being aggrieved thereby the present appeal.

(3.) For assessing the prosecution case, the main evidence would be that of PW-1 the Complainant. The PW-1 in her evidence states that on 8 th September, 2002 at around 10.00 a.m. the accused came to her house and told her that he will take her daughter Ridhi for a round. It is also the case of the Complainant that her house and the accused's house are only at the distance of two houses. She states that thereafter she had given milk to her another daughter namely Aditi which took about 15-20 minutes. She states that after 15-20 minutes she went to the room of the accused to get her daughter back. It is her case that when she called her daughter, the accused told her that she was watching T.V. She states that at that time the accused was inside his room and from that room he said that her daughter was watching T.V.. She further states that thereafter she again shouted for her daughter by standing outside the house of the accused. She states that thereafter she came back and did some household work. Again after 15-20 minutes she went back to the room of the accused to bring her daughter and while standing outside the room, she shouted "Ridhi, Ridhi; where are your - She states that she was standing there for 2-3 minutes. Thereafter, she removed the curtain of the door of the accused, again she called her daughter twice. The father of the accused was sleeping. Again she called her daughter 2-3 times and father of the accused told her that she was inside with the accused. She again called for her daughter and that time her daughter came out. She states that her knicker was on her legs. When she shouted for her, she came out and hugged and clinged to her. She states that accused saw her and started tying his towel on her. She suspected that accused must have done something to her daughter Ridhi and she examined knicker of her daughter and she noticed that her private part was red and there was sticky substance on her private part and on her knicker. Thereafter, she abused the accused and at that time accused came out from inside and started asking for pardon. At that time father of the accused came behind and told her to keep quiet and not to create any 'hungama'. She states that she again felt that accused has committed rape on her daughter. Thereafter, she gave bath to her daughter and also washed her knicker. She states that at that time she wanted to phone her husband but everyone told her not to telephone. It is her version that her husband returned at around 8.00 p.m. and at that time she informed him about the incident and her husband went to the house of the accused but accused was not there in the house. She said that she did not take immediate action against the accused due to the fear of their name being spoiled. She further states that after this, her daughter started having trouble and because of her complaint she examined her private part and at that time she noticed that her private part had become red. She states that on 12 th September, 2002 she telephoned her husband at 4.00 p.m. After that he came home and she herself, her husband and daughter Ridhi went to police station at 8.00 p.m. She narrated the incident to the police station and thereafter her daughter was taken to Mulund General Hospital for treatment and she was kept at that time in the hospital for 3-4 hours and thereafter transferred to Sion hospital and was admitted there for three days. After that she was discharged. She further states that on 16 th September, 2002 she lodged the complaint against the accused. The said complaint came to be treated as FIR which is marked as Exhibit 7.