LAWS(BOM)-1994-7-81

CAMILO RODRIGUES Vs. STATE OF GOA

Decided On July 22, 1994
CAMILO RODRIGUES Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment of conviction for offence under section 376 Indian Penal Code and sentence of R. I. for 5 years passed by the Sessions Judge, South Goa, in Sessions Case No. 42/90. The main grievance made in this appeal is that the evidence of prosecution suffers from serious infirmities on the question of place where the rape took place and also on the question of identification of the appellant/accused. Admittedly, no identification took place and that is the major ground which should persuade this court allow the appeal and to acquit the accused of the charge of rape.

(2.) THIS has been countered by the learned Public Prosecutor and he has forcefully urged that this is a case of rape on the victim - Sylvia Pareira, which fact is supported by not only the medical evidence but the First Information Report which was lodged soon after the incident and also the conduct evidence of Sylvia in conveying this story of rape to her sister - Elcy Pareira and in view of this overwhelming evidence, the slight contradictions pointed out by the learned advocate for the appellant should be discarded and that the reasoned judgment of the Sessions Judge should be upheld.

(3.) IN order to appreciate those rival arguments, salient facts of the prosecution case shall have to be noted. Miss Sylvia Pareira, aged about 26 yrs. , is residing at Carmona, Demelowado, H. No. 213. She has been residing with her mother, father, brother and sister. On 20th September, 1987, being Sunday, her parents, sister and brother left the house to attend the mass prayer at Carmona church. She was thus alone in the house. The present appellant/accused knew this situation since he was engaged for toddy tapping by the said family. Taking advantage of Sylvia being alone in the house, it is alleged, that the appellant entered the kitchen of the house and enquired with her as to what Sylvia was doing. Before any answer could be rendered it is alleged, that the appellant caught hold of the hairs of Sylvia, laid her down on the floor, removed her half pant and underwear and committed forcible rape on Sylvia. She shouted for help, but could not resist the sexual overture by the appellant/accused. The net result was that she was raped which resulted in heavy bleeding from her private part. Since, this caused pain to Sylvia, she raised cry for help Avois. Soon her sister and mother arrived she conveyed the entire story of rape by the appellant to both of them. Since she was having profuse bleeding from her private part, the relations of the victim removed her to the hospital, but prior to that one doctor was summoned to render immediate help but the doctor finding that this was a medico legal case, directed the relations to proceed to the police and then to Government hospital. Accordingly, the victim was removed, police complaint was lodged by the victim and soon the investigation commenced. The victim was medically examined by the doctor. Statements of various witnesses were recorded. It seems that the earth mixed with blood attached from the scene of occurrence and other articles could not be forwarded to the chemical analyser because they were lost on account of the shifting of the police station from old building to new building. On these facts, the appellant was charged for offence under section 376 Indian Penal Code. On his pleading not guilty, the learned Sessions Judge examined as many as 9 witnesses. The learned Sessions Judge on extensive appreciation of oral as well as documentary evidence found favour with the prosecution, held the appellant guilty and proceeded to convict and sentence him as above.