MERCIER BENTO MORENAS Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant is the accused in Sessions Case NO. 6 of 1991 on the file of Assistant Sessions Judge (A) South Goa, Margao. He was convicted and sentenced under Sections 342 and 376 of Indian Penal Code by the Court below.

(2.) ACCORDING to the prosecution, on 14-2-1990 and 15-2-1990, the prosecutrix Kum. Meenakshi, who is a mentally retarded girl, was subjected to wrongful confinement and raped by the appellant. In convicting the appellant, the Court below has mainly relied upon the statement given by the appellant under Section 313 Cr. P. C. According to that statement, he admits that on 13-2-1990 when he was expecting some guests in his house, he saw this girl Meenakshi at around 10. 00 A. M. sitting at the balcony of neighbouring house belonging to Serafio Luis and the said girl was talking to one Serafios wife. At 11. 30 A. M. , on the same day, while he was returning from the market he saw the girl through his window at a distance having a small bundle in her hand and after around 12 noon his guests arrived and they had meals and left his house at around 3. 00 P. M. to go to Margao to his brotherts house. After sending off the guests he returned home and on his way he met Mrs. Linda Dias, P. W. 1, who asked him if he had seen Meenakshi to which he told her that he had seen her in the morning and not thereafter and, according to the appellant, Mrs. Linda Dias then told him that she was proceeding to Police Station in order to lodge a complaint of missing of Kum. Meenakshi.

(3.) ON 14-2-1990 when he got up in the morning he saw Kum. Meenakshi is sitting on his balcony and crying. He asked her to go to her house, i. e. to house of Mrs. Linda Dias to which she refused saying that she would get more beating. He also stated in 313 Cr. P. C. statement that she was telling him that she had pain in her neck and some bruises at which time he called her inside his house and gave her some breakfast after which he left to Margao as he had to go to Mamlatdars Office. However, he has chosen to report the matter to the Parish Priest about the precarious situation in which the girl was put. The Priest in turn told him to report the incident to the Police Station. He then returned home, took his food and also gave food to Meenakshi and came to Margao Police Station at around 4. 00 P. M. According to him, Margao Police Station gave him a note written in Marathi which he could not read nor understand and asked him to report the matter to Maina-Curtorim Police Station which he could not do on the same day because it was late and as such he thought of giving the said note on the subsequent day. He stated that Meenakshi slept in one room that night and he in the other.