SUBHASH SWAMI NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) THIS appeal is by the accused, who has been convicted and sentenced under Section 376(ii)(f) I.P.C., to undergo R.I. for ten years and to pay a fine of Rs.5,000/- in default to undergo S.I. for one year.

(2.) THE accused was charged and tried with the allegation that on 12.04.2003, at about 19.00 hours at Sawantwada, Mandrem, Goa, the accused forcibly committed rape on the victim/Pw5, whose age was subsequently assessed radiologically to be seven years, five months. At the relevant time, the accused was about 20 years of age. The case of the accused was that he was falsely implicated. The accused stated that he was friendly with one girl and wanted to marry her and the father of the girl objected to their relationship and the father of the girl falsely implicated him in this case. The accused did not spell out as to what relationship or connection the father of the said girl had with the father of the victim/Pw5, in this case.

(3.) THE prosecution examined 14 witnesses in support of its case. The accused examined none and as already stated, the case of the accused was that the father of his girl friend falsely implicated him.