BHASKAR DEVCHAND RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel, appearing for the respective parties.

(2.) THIS appeal is directed against the judgement dated 30-1-2004 passed in Special case No. 5/2001 whereby the learned IInd Adhoc additional Sessions Judge, Jalgaon convicted the appellant/accused for the offence punishable under section 448 of IPC and 354 of ipc and sentenced him to suffer rigorous imprisonment for one year and fine of Rs. 500/-for the offence under section 448 of IPC and to suffer rigorous imprisonment for one and half year and fine of Rs. 500/- for the offence under section 354 of IPC.

(3.) THE facts giving rise to this appeal are as under. On 12-1-2001, father of the victim had gone out of the village to attend the labour work and the mother of the victim had gone to another village to meet her sister. At about 3 p. m. , when the victim was in sleep on a cot inside her house, the accused who is her neighbour entered into the house of complainant and sat on the cot where the victim had slept. As soon as he sat on the cot, she woke up and made a query as to why he had entered her house. Thereupon, he replied that he entered the house to have a mirror. He was questioned by the victim as to whether he is not having mirror in his house. Then immediately, the accused caught hold of victim and squeezed her breasts and expressed his desire to have sexual intercourse with her. Thereafter, the victim raised cry. Her friend P. W. 2 Durga chavan, hearing hue and cry of the victim, arrived there and thereafter, the accused ran away from her house. The victim narrated the incident to her maternal aunt Indubai Khaire. The accused was caught hold by the villagers. In the evening, when the mother of victim arrived to her house, she narrated the incident to her mother also. Thereafter, the matter was reported to the police. Head Constable P. C. Kuwar recorded the complaint of the victim and on that complaint, registered an offence vide C. R. No. 5/2001. The accused came to be arrested on the same day. The victim was referred for medical examination. P. W. 7 Dr. Prakash Mahajan examined her and issued certificate (Exh-31 ). No visible injuries were found on the person of the victim, but doctor noticed redness on her chest. Thereafter, spot panchanama (Exh-25)came to be recorded. Completing other formalities of investigation, charge-sheet came to be filed against the accused for the offence punishable under sections 3 (l) (xi) of the scheduled Caste, Scheduled Tribe (Prevention of Atrocity) Act, 1989 as well as under sections 448 and 354 of IPC, in the Court of Judicial magistrate First Class at Jamner, who committed the case to the Court of Sessions at Jalgaon. The learned IInd Ad hoc Additional sessions Judge, Jalgaon framed charge at Exh-6 against the accused for all three offences i. e. under section 3 (1) (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity)Act, 1989 and under sections 448 and 354 of ipc. The accused pleaded not guilty of the charges and claimed to be tried. At the trial, his defence was that he has been falsely implicated in this case. He also put forth a defence of alibi and examined one witness i. e. his own wife d. W. I Kawiribai.