TULSHIRAM MURLIDHAR GAVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PROSECUTION had come up with a charge - of rape. That charge, it has miserably, failed to make good. The trial Court has characterised the evidence of the prosecutrix as exaggerated. It has found the accused guilty of a lesser offence, that of indecent assault. While appreciating the evidence of the prosecutrix, whether the grain can be removed from the chaff and her evidence can be accepted in part, for upholding a conviction u/s. 354, I.P.C. is a question that arises for consideration in the present appeal.

(2.) THE accused is a young married man, having two children. Similarly, the prosecutrix, who is P.W. 2 Gangubai, is also a young married woman, having two children. Both belong to the Adiwasi Sect.

(3.) AS already stated, the prosecutrix, in the case is P.W. 2 Gangubai. She resides with her children, husband' and mother -in -law.' Her mother -in -law is P.W. 4 Kashibai. Gangubai is reported to have narrated the incident to Kashibai soon after the incident. While she was narrating the incident their neighbour P. W. 6 Dagubai was also present. She happens to be the sister of the Sarpanch, who is P.W. 7 - Madhav Tongare. After narrating the incident to her mother -in -law Kashibai, Gangubai went and informed the incident to the Sarpanch Madhav Tongare. Before that, while Gangubai was returning from the scene of offence after the incident in question, and before she reached home and informed the incident to her mother -in -law, she met P.W. 5 Lilabai Korde on the way. The two are not consistent in their versions but Lilabai has stated that she found Gangubai in a frightened state. She also found that the upper garment of Gangubai was wet. As far as Gangubai is concerned, she has stated that Lilabai asked her as to how she had received injury on her neck but as Gangubai was in a frightened mood she did not speak anything and reached her house. Lilabai has not spoken of noticing any injury on Gangubai. As against this, the version of Gangubai in her F.I.R. is quite different i.e. Lilabai asked her as to why she was wet and since she was frightened she could not state anything and did not disclose anything about the incident to her.