SHIVAJI TUKARAM KURLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant is the accused in Sessions Case No. 32 of 1992 who has been convicted by the learned Additional Sessions Judge, Panaji, for offences under sections 170, 376 and 354 r/w Section 511 of the Indian Penal Code and cumulatively sentenced to undergo 5 years Rigorous Imprisonment and to pay a fine of Rs. 2,500/- or in default to undergo Simple Imprisonment for a period of 1 month.

(2.) THE prosecution case in short is that the accused on 14-1-1991, at about 6. 30 p. m. , by personating himself as Head Constable bearing Buckle No. 1048 and known as Mohammad Muzavar gained an entry into closed hospital premises of I. P. H. B. Altinho, Panaji and attempted to rape a female mental in-patient Zamila Muzavar in the Female Care Unit and also outraged her modesty. The accused pleaded not guilty to the charge. The learned Sessions Judge after recording evidence found him guilty for the aforesaid offences and sentenced him accordingly.

(3.) ON behalf of the prosecution 11 witnesses were examined in this case. P. W. 1 Katarin Monteiro is a maid servant working for about 15 years in the Mental Hospital, Altinho, Panaji. According to her, her duty is of 24 hours. If it is day duty she has to report at 9. 00 a. m. and the duty goes till 5. 00 p. m. and if it is night duty she has to report at 5. 00 p. m. and her duty is till 9. 00 a. m. On the date of the incident, i. e. , 14th January, 1991 she was on duty at Ward No. 9. At about 6. 00 p. m. she had been out to water the plants in front of Ward No. 9 which is normally called as lock-up. As there was no water in the tank she returned to the Ward and while returning when she turned her back she saw somebody passing that side towards the kitchen. The kitchen was already locked and as she felt that there was no way for anyone to go that side. She became curious to see as to where that person was going. So she went near Ward No. 8 and then saw the accused tightly embracing one in-patient of the hospital by name Zamila who was dressed in the hospital uniform. At that time she noticed that the uniform of Zamila had been lifted till above the knees. On seeing this she went and informed the Sister in Ward No. 8 who advised her to report the matter to the Sister of Ward No. 7 as she was busy in writing something for a patient. Accordingly she went and reported the fact to the Sister of Ward No. 7 who immediately went along with the servant of that ward to the spot. In cross-examination she denied having stated to the police that when she saw him the accused was having sexual intercourse with Zamila. In further cross she clarified that when she saw the accused it was he who was being embraced by Zamila. She also admitted that it was possible for the skirt of Zamila to having gone upto her knees in the process of embracing the accused.