STATE OF MAHARASHTRA Vs. RAVINDRANATH ARJUNSINGH

JUDGEMENT

(1.) A young girl of 19 years had abandoned her parental home on the ground that her father was harassing her as he was addicted to drink. She was formerly working as a maid-servant with a person residing in Bandra locality of this metropolis. She had to leave that job also and thus remained unemployed for quite some time. After leaving her fathers house she went to stay with one Kalabai (P.W. 2) with whom she was acquainted through her daughter Rita. On humanitarian ground Kalabai offered her shelter. Kalabai was a fruit vendor and was residing in Kurla area in a small hut. The schedule of the girl appears to be that she used to leave the hut some time in the morning in search of some job and being frustrated she used to return every night and used to try her luck on the next day. This went on for nearly 15 days.

(2.) The alleged incident accrued on November 19, 1980 at about 9 or 10 p.m. In the victinity which is not far away from the house of Kalabai. According to the girl Saidabanu (P.W. 1) who is prosecutrix in the instant case. She had left Kalabais house in the morning and had gone to Bandra area in search of a job. The providence did not favour her on that day also. She came down to Kurla travelling by local train at about 8 or 8-30 p.m and was on way to Kalabais house, which is located at a short distance. While she was at a short distance from the Kalabais house she noticed five young boys gathered at the corner of lane. She did not pay much attention to them for a short time and she continued to walk ahead. However, she soon realised that those five boys were following her. Thereafter, according to her, accused No. 1 intercepted her and asked her to go with him She refused. At that point of time accused No. 2 came close to her and whipped out a knife and under the threat of knife she was forced to accompany accused Nos. 1 and 2. The other boys who are accused Nos. 3 and 4 soon joined them. A construction was in progress in that vicinity. She was then forcibly taken on the terrace which is located on the fourth floor, and from the terrace she was pushed inside a room which was apparently a kitchen. According to the prosecutrix, accused No. 1 then molested her and committed sexual intercourse forcibly putting her down on the floor. At that time accused No. 2 was standing outside while three other accused were at some distance. After completing the said act accused No. 1 released her and went out. Her attempt to run away was frustrated as accused No. 2 entered the scene and he had also forcible sexual intercourse with her. After satisfying his lust accused No. 2 also went out. She wanted to take that opportunity and therefore, she started to run away from that place. She was however, accosted by accused Nos. 3 to 5 near the hall and she was pushed inside the hall. According to the witness, each of the three accused had sexual intercourse with her one after another in the said hall. After the said incident was over, all the five accused again brought her down on the road descending the same staircase. Accused No. 1 then offered to entertain her for dinner in a restaurant which she refused. Thereafter accused No. 2 asked her to meet him on the next day at a scheduled place near the restaurant to which she agreed. Thereafter she went towards the house of Kalabai while the said miscreants went towards opposite direction. At the material time they saw the watchmen Shri Pande, who was on duty where the construction was going on and accused No. 1 had a talk with him.

(3.) The prosecutrix went to the house of Kalabai but did not disclose anything to her. Instead, she is claimed to have gone to the Kurla Police Station and on the same night she lodged her complaint, which was treated as first information report, exhibit 6 on the basis of which the offence was registered. According to the girl she was knowing the accused Nos. 1 and 2 by names as they were residing near the locality of her fathers house for nearly 10 years. She, therefore, gave the names of accused Nos. 1 and 2 on the basis of which these two accused one after another came to be arrested. The panchnama of the scene of offence, viz. Terrace, kitchen and the hall of the said construction work was recorded. Thereafter the clothes on the person of the prosecutrix were attached. On the next morning she was medically examined by Dr. Brihamane (P.W. 3). He carried the clinical examination as also subjected her to X-ray test in order to ascertain her age. A slide of vaginal smear was taken which was ultimately forwarded to the Chemical Analyser. In due course other three accused also came to be arrested. A test identification parade was held by the Executive Magistrate Shri Shinde (P.W. 6) since the girl was not knowing accused Nos. 3 to 5 previously. A memorandum was recorded in that behalf, as per Exhibit 20. Five accused were also medically examined by Dr. Brihamane and their medical certificates were duly issued. All the articles were then despatched to the Chemical Analyser. On receipt of the said report and on completing the investigation, the Police charge-sheeted five accused in the Court of the learned Additional Chief Metropolitan Magistrate at Kurla whereafter on commitment they were facing a trial in Sessions Case No. 136 of 1981 before the learned Additional Sessions Judge, Greater Bombay, for an offence under section 376 simpliciter as also section 376 read with section 34 and or section 114 of the Penal Code on the allegations that all the five of them committed rape on the said prosecutrix on that night.