ASHISH MANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal by a convict, takes exception to his conviction for the offences punishable under section 376 and 302 of the Indian penal Code and sentence of Rigorous Imprisonment of 7 years with fine of Rs. 5,000/-and imprisonment for life with fine of Rs. 10,000/respectively imposed upon him by the learned Additional Sessions judge, South Goa, Margao in Sessions Case No. 3/2004.

(2.) THE facts which led to the prosecution and conviction of the appellant are as under : the appellant, as also victim and her husband, hail from raichur District in Karnataka State. They were working as migrant labourers at a construction site in Pedda Benaulim, where the construction was being undertaken by Kurtarkar Construction. It is the prosecution case that the appellant used to have his meals with the victim and her husband till a few days before to the incident. The appellant was alleged to have illicit intimacy with the victim Anita. One deepak also developed illicit intimacy with Anita. Enraged thereby, the appellant procured a knife, called Anita on the evening of 11. 10. 2003, had forcible sexual intercourse with her at the point of knife, inflicted three incise wounds on her neck killing her, threw away the knife and went away. The appellant is then alleged to have had a bath and threw away his underwear before leaving the area in which all this occurred.

(3.) THE victim's husband, Naresh Mandal came home in the evening of 11. 10. 2003 and found his wife missing. He claimed to have searched for her till late night but could not find her. He eventually gave report to police on the next day. The victim's dead body was found about 30-40 meters from the residence of this Naresh Mandal. After an inquest, dead body was sent for postmortem examination. A knife found on the site was also seized. The postmortem examination did not reveal any marks of violence indicative of forcible sexual intercourse. However, it was noticed that there were three incise puncture wounds on the neck with clean cut margins, cutting the trachea as well as important blood vessels. The Medical Officer found that the injuries were sufficient in ordinary course of nature to cause death. He collected necessary samples from the person of the victim and sealed them for being sent to Forensic Science Laboratory for further analysis.