JAYWANT YESHWANT PHALKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant who stand convicted under the impugned judgment passed by the Addl. Sessions Judge, Greater Mumbai has passed away on 25/1/2023, which resulted in substitution by Mrs.Indubai Jaywant Phalke, his widow, and by order dtd. 22/8/2023, the Appeal was permitted to be prosecuted by her by setting aside the abatement of Appeal on his death. .

(2.) Heard learned counsel Mr. Ajay Lad for the Appellant and learned APP Mr. S.R. Agarkar for the State. With their able assistance, I have perused the impugned judgment and the material placed before the Special Judge, which resulted in conviction of the appellant u/s.354 of the IPC, though the charge framed against him was for committing an offence of rape u/s.376 of the IPC. Pertinent to note that there was some conundrum about the age of the victim and PW 2, a Medical Practitioner came to be examined as a witness, and the prosecution proceed on the footing that she had attained majority.

(3.) On 18/11/1988, the victim, aged 18 years, reported to the police station by informing that she was residing at the given address with her family, which comprised of two brothers and one sister and during the time when she was alone at home, she was send to the house of the accused, whom she described as 'caretaker' Jaywant Yeshwant Phalke. She reported about the incident dtd. 16/11/1988, when she visited his house and at that time, he is alleged to have instigated her to indulge into sexual intercourse and also told her not to speak of the said incident. She reported that on the next date, she did not visit his house and when she suffered some issue, she disclosed the incident to her father and was immediately taken to Rajawadi Hospital and admitted in Ward no.18.