RAGHUVIR DESSAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is by the accused who has been convicted and sentenced under Sections 342 and 376(2)(f), IPC by the learned Assistant Sessions Judge, Margao.

(2.) The accused was a watchman of a Government School known as Sahakari Pratnik Vidhlaya situated at Molcornem within the jurisdiction of Quepem Police Station of which Shaikh Ismail/P.W. 7 was the Headmaster. The said school was being run in two sessions. The secondary section was run in the morning session, whilst the primary section was run in the evening session of which Channama Patel/P.W. 4 and Chitra Gaonkar/P.W. 13 were the primary teachers. The victim/P.W. 11, Ramesh/P.W. 12, Swapnil Kerkar/P.W. 9 and Sonali Gaonkar/P.W. 10 were the students of the said primary section. Yeshwant Bhile/P.W. 14 was the Peon of the said school.

(3.) The accused was charged and tried with an allegation that on 6-8-2003 at about 13.30 hours the accused wrongfully confined the victim/P.W. 11, who at the relevant time was 8 years old and studying in the third standard, and committed rape upon her. The case of the accused was one of denial simpliciter.