DATTA JAGANNATH MANERA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant is the original accused who is challenging the judgment and Order passed by the Sessions Court who has convicted him for the offence punishable under section 354 of the Indian Penal Code and 451 of the Indian Penal Code and has sentenced him to suffer R. I. for one year. Appellant - original accused is also convicted under section 451 and is sentenced to suffer R. I. for three months and to pay fine of Rs. 1000/- and in default of payment of fine to suffer one week R. I. The trial Court, however, acquitted the accused of the offence punishable under section 376 of the indian Penal Code.

(2.) Prosecution case, in brief, is that on 20/ 5/1986 the complainant's husband had gone to the factory for over time and was going to return back at about 11. 00 P. M. The complainant had gone to the house of one Atmaram gondhale at about 9.45 p. m. for taking tooth paste. After taking tooth paste, she went back to her house and noticed that the house was closed from inside. It is the case of the complainant that her daughter Monika and son vijayendra were in the house. She knocked the door and waited for about 5 to 6 minutes. Thereafter, she pulled the chain of the door from the outside. At that time, she heard her son Vijayendra crying inside the house. The person who was inside the house stated who he was and that he was wearing Lungi. When the complainant went inside, she found that Monika was in a naked condition and noticed that semen were coming outside from her private part. She, therefore, summoned her neighbour Pramod Gondhale and showed the bed-sheet and semen on the person of Monika. By that time, her husband returned from his duty and she disclosed the matter to him and, thereafter, went to the Police Station and a complaint was lodged. Her daughter Monika was then taken to the Civil Hospital and was examined by the Medical Officer. Panchanama was drawn. The bed-sheet and the sleeper of the accused was attached. The accused was arrested. He was examined by the doctor. Charge-sheet was filed against him. The articles were sent to the Chemical Analyser for analysis. The Trial Court, after going through the evidence on record, held that the offence under section 376 of the Indian Penal Code had not been established and, therefore, acquitted the accused of the said offence.

(3.) The trial Court, however, found that the accused had committed an offence punishable under sections 354, 451 of the Indian Penal Code and sentenced him to suffer R. I. for one year and three months respectively.