KESHAV BALIRAM NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) VIDE Judgement and Order dated 26-8-1993, passed in Sessions Case No. 135/1992, the IIIrd Additional Sessions Judge, Thane, convicted and sentenced the appellant in the manner stated hereinafter :-

(2.) FEELING aggrieved by the aforesaid convictions and sentences, the appellant has come up in appeal before this Court.

(3.) THE prosecution case in brief is that, the prosecutrix Sugandha Laxman Mhatre PW-1 is blind since her birth. She, her mother Bharati Mhatre, her father Laxman Mhatre and the appellant reside in village Bhadwad District Thane. On the night of 14th and 15th of December, 1991, at about 12. 30 a. m. the prosecutrix, her parents and other members of her family were sleeping inside their house. At that time, the prosecutrix felt that someone had put a hand on her hand. Naturally, she enquired as to who he was. She recognised the appellant by his voice. It is alleged that when the prosecutrix asked the appellant as to who he was. She told her not to disclose his name, otherwise she would be killed. He had also brandished a knife towards her. It is further alleged that the appellant removed the quilt by which the prosecutrix had covered herself and thereafter, inserted his hand in her midi. At that, the prosecutrix had shouted mother. On that the parents of the prosecutrix got up and reprimanded the appellant, who thereafter ran away.