MOTIRAM PADU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 7-8-1989, passed by the IInd Additional Sessions Judge, Raigad-Alibag, in Sessions Case No.105 of 1988, convicting and sentencing him to undergo two years RI and to pay a fine of Rs.500/- in default, to suffer S.I. for one month, under section 376 r/w section 511 of lPC, has come up in appeal before me.

(2.) IN short, the prosecution case is that the prosecutrix Kum.Manisha Ganpat Pashilkar, PW 1, at the time of the incident was residing at Panvel with her parents, brother, sister and other family members. On 28-8-1987, ganpati idol was installed at her place. At about 11 p.m. Manisha, her mother, her maternal aunt Suman and her neighbour Chavanbai, were playing carrom at their house in front of ganpati. At that time, the appellant who was on visiting terms with Manisha's family came for darshan of ganpati. After touching the feet of the idol, he asked her to see the ganpati installed at the crab. As the carrom was at a interesting stage, she refused. The appellant insisted that she should accompany him to see the idol as it was a piece of art. At that, her mother, Savita PW 4 insisted that she should go with Mama to see the idol. After seeing the idol, she told the appellant (Mama) that they should go by the main road as the other way was muddy. The appellant however, insisted that they would go by the other way. Consequently, they proceeded that way. They came near the place called 'Tulsi-Vrindavan' where a new construction was going on and the doors had been fixed. However, there was no door on one room. It is said that inside the construction, the appellant put the banana in his hand (prasad) aside and held both the hands of Manisha. He thereafter, removed his pant and the nicker (mini-skirt) which Manisha was putting on. He felled her down. Manisha tried to resist but, the appellant pressed her mouth by his hands. He took her left ear inside his mouth. Thereafter, he lay on her body.

(3.) THE evidence is that after confirming the incident from Manisha, Ganpat along with Manisha proceeded to Panvel Taluka police station, where Manisha lodged her FIR the same morning (morning of 30-8-1987) at 10.30 a.m. It is pertinent to point out that same day, (30-8-1987) the appellant was arrested and clothes which he was putting on at the time of the incident, namely a yellow coloured under wear and one soiled full pant and also clothes of Manisha namely underwear and a blue colour midi were recovered under separate panchanamas.