DAS BERNARD Vs. STATE

JUDGEMENT

(1.) The appellant in this case stands convicted under Section 376 of the Indian Penal Code and sentenced to one year of R/I and Rs. 500/- of fine and in-default of payment of fine 3 months of R/I. The amount of fine has been ordered to be paid as compensation to the prosecutrix, Manjula, P.W. 1.

(2.) The case of the prosecution may be narrated briefly.

(3.) The accused has flatly denied the charge against him. His case is that of an alibi. According to him he was working for Jayanti Shipping Company at the relevant time and on the day of the incident he went out of the house at 8.00 a.m. for work; that as it was a Sunday the office being closed he had not to sign the muster roll. He worked on the "Damodar Prasad" Barge, where the manager of the company, the Director and brother of the Director and other workers were present. He was repairing and fitting a search light and a horn. He returned from the Vasco Ship Yard at 12.00 noon and came to his house at 12.30 when he found some dirty water being thrown near his room. He questioned P.W. 5 about it when suddenly P.W. 2 came out of his house and attempted to beat him and told him "I will show you afterwards". P.W. 2 and husband of Laxmi are both blackmarketiers and had asked him to purchase from them some foreign goods which he had refused to do. After his meals he went to the shipyard at 2.00 and asked the welder by name Afonso Fernandes (D.W. 1) to prepare 2 clamps for the said shipyard. At about 3.30 p.m. the company Director came again to the barge and, he told the director that he needed some batteries which the director promised to give in the next morning. After the work was over at 5.30 p.m. he left in the company of D.W. 1 for Paradise Hotel and thereafter for the Church.