ALFRED FERNANDES Vs. STATE

JUDGEMENT

(1.) By way of the present Appeal, the Appellant has challenged the judgment and order dtd. 1/10/2024 and 5/10/2024 passed by the Fast Track Special Court, POCSO, Panaji, Goa, in Sessions Case (ORS) No. 43/2023 convicting him for offences punishable under Ss. 448, 354 and 376 of IPC. The substantive sentence under Sec. 448 of IPC is one year rigorous imprisonment with fine of Rs.1,000.00 (Rupees One Thousand Only) and in default to undergo one month rigorous imprisonment. The substantive sentence under Sec. 354 of IPC is Five Year rigorous imprisonment with a fine of Rs.10,000.00 (Rupees Ten Thousand only) and in default to undergo one month rigorous imprisonment. The substantive sentence under Sec. 376 of IPC is 10 years of rigorous imprisonment with a fine of Rs.25,000.00 (Rupees Twenty Five thousand only) in default to undergo one month rigorous imprisonment. If the fine amount is realized, the same is directed to be paid to the victim after the appeal period is over. All sentences are to run concurrently.

(2.) It is the case of the prosecution that on 15/5/2023 at about 14.30 hrs, the victim lodged a written complaint with the Anjuna Police Station. In the said complaint, she states that on 14/5/2023 at about 21.30 hrs., she had dinner in the living room of her house and at about 23.00 hrs., she went to sleep in the bedroom. At about 00.30 hrs., she sensed someone's presence in the bedroom and therefore woke up. Upon waking, she noticed that someone was crawling on the floor next to her bed. She panicked and screamed at the person. The person jumped on her bed and tried to cover her face with the pillow and bedsheet. The victim continued screaming and tried to escape from his clutches. However, the Appellant further started removing his pants. He pulled the pants from the body of the victim and touched his hand on her vagina, trying to insert his fingers to which the victim screamed and begged him to stop. However, the Appellant did not stop and continued touching her private parts inappropriately. The victim in self-defence put up a scuffle with the Appellant while shouting for help loudly. In a couple of minutes, the victim heard someone banging at the main door. She pushed the Appellant, rushed towards the main door and opened it. Her neighbour along with three others were standing there. They all managed to apprehend the Appellant. In the complaint, the victim has identified the Appellant as someone who washed cars, including her car for a living.

(3.) Acting on the aforesaid complaint, the Anjuna Police Station registered FIR bearing No. 82/2023 under Ss. 448 and 376 of IPC.