ASHOK SOMNATH GHODKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner/applicant (applicant) is the brotherinlaw of respondent No.2. The respondent No.2 had filed a complaint against her husband, his mother and the applicant herein under Sections 498A, 506 r.w Section 34 of the Indian Penal Code (IPC) as also under Section 354 of the IPC against the applicant. All the accused have been acquitted of the charge under Sections 498A and 506 r.w Section 34 of the IPC. The petitioner has been convicted of the charge under Section 354 of the IPC.

(2.) THE order of the learned Judicial Magistrate First Class, Court No.3, Pune dated 24th February, 2009 in that behalf has been challenged by the applicant herein before the Additional Sessions Court, Pune. The Additional Sessions Judge, Pune has dismissed his appeal and confirmed the order of conviction and sentence on 16th June, 2012 which has been challenged in this revision application.

(3.) THE incident transpired at 1.00 a.m on 21st October, 2007 when respondent No.2 was sleeping with her minor child in the kitchen. Her husband was out of the house. She felt that some one had put a hand on her person. She wokeup, she saw that it was her brotherinlaw, the applicant herein. He was not having his clothes on his person. He was in her bed. When she started shouting he pressed her mouth. He was sitting on her body. Somehow she rescued herself. She called her motherinlaw. Rather than helping her, her motherinlaw told her that her husband was going to leave her and she should assume that her brotherinlaw was her husband. There was strained relations between the complainant and her family members. Her husband was having an affair with another lady. He used to come once in a week to the house. Only her fatherinlaw was a good person. Hence her motherinlaw did not come to her assistance. She tried to run away outside the house when her brotherinlaw and motherinlaw caught her and her motherinlaw poured kerosene on her and both of them beat her. Somehow she ran away from there and went to the house of her sister to narrate the incident.