KRISHNA GAWAS Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is by the accused who has been convicted and sentenced under Sections 342, 376 Indian Penal Code and Section 8(2) of the Goa Children's Act, 2003.

(2.) The accused was charged and tried for the said offences with the allegation that on 27-9-2004 between 12.00 to 13.00 hrs. at Bepquegal, Curchorem, the accused wrongfully confined the victim/PW5 and committed rape on her. In the course of the trial, prosecution had examined 10 witnesses including the Investigating Officer.

(3.) The accused was a tenant of Loteiro Colaco/DW1 while the victim/PW5 and her mother Shamshad Aktar/PW3 were the ten-ants of one Mingulina and all were close neighbours of Avita Mary Almeida/PW8. The first information report was filed by Shamshad Aktar/PW3 on the same day. after she returned from work and thereafter at about 17.45 hrs. the scene of offence panchanama was drawn in the presence of Shaikh Isak/PW7 and in the course of the said panchanama a blue, white and red colour mat (MO No.2) pointed out by the said victim/PW5 was attached. A blue colour T shirt belonging to the accused, pointed out by the victim/PW5 was also attached (MO No.3).