SITARAM RAMSUKH YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The conviction of the appellant in Sessions Case No.1046 of 1998 dated 21st March, 2006 passed by the Additional Sessions Judge, Greater Bombay convicting him for the offence punishable under Section 376 of the Indian Penal Code for a period of seven years and to pay fine of Rs.2000/-, is subject of challenge in the present appeal.

(2.) The prosecutrix with her husband 15 days prior to the incident dated 24-09-1997/25-09-1997 came to reside in the room at Shanti Nagar Hutment, Antop Hill, Mumbai 37 on a monthly payment of Rs.400/- on behalf of the accused. Her husband working in a pan shop, used to leave the house for work at about 2.00 P.M. and return back at about 6.00 A.M while the accused used to leave for his work at the same time and used to return at about 12.00 in the mid night. The accused was staying alone as his wife and children were staying at his native place while the prosecutrix apart from her husband was staying with her five years old son Amit.

(3.) On 24th September, 1997 husband of prosecutrix left for work at 2.00 P.M. The accused also left at the same time. In the evening/night prosecutrix and her son had their dinner and went to sleep. In the mid night accused came from his work, removed his Kurta and Dhoti and remain on Banian and under wear. The prosecutrix served food to him. She asked the accused to leave room and sleep outside the room. The accused then closed door of the room. He sat besides the prosecutrix. She got up from the said place, however, the accused caught hold her hand and made her to lie down and committed forcible sexual intercourse with her. The accused then left the room. The prosecutrix did nothing but waited for husband who came at 6.00 A.M. She disclosed the incident to him which was followed by lodging police report at Wadala Police Station vide Crime Registration No.314/1997 at 10.15 A.M. The apparels of the victim were taken charge under Panchanama Exh.22 which were Green colour printed saree (Article 1) and Blue colour peticoat (Article 2). The Spot Panchanama (Exh.15) was drawn. On 25th September, 1997 P.W.2 PSI Ashok Ghadigaonkar arrested the accused. His clothes were taken charge under Panchanama (Exh.18). The victim and accused were medically examined. The Medical Certificates are at Exh.16 & Exh.17. The seized articles were sent to the office of C.A on 13th October, 1997 vide Exh.23. The C.A.report (Exh.24) was tendered through P.W.2 in the Court.