ANANT SIDDIL ALIAS ADKIT Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the accused who has been convicted under sections 323, 341, 506(H) and 376 I.P.C. and sentenced to different punishments to run concurrently. The accused has been sentenced under section 376 I.P.C. for a term of 7 years R.I. and fine of Rs.5000/- in default 6 months R.I.

(2.) The victim/PW7 is a widow of about 38 years of age having two minor children, her husband having, expired about 3 years prior to the incident. She made both the ends meet by buying and selling coconuts in the village Velsao. It appears that she was from ward Mordi of Velsao village while the accused, aged 23 years., was a worker employed by PW10/Jose Baretto and who is residing at Fabricawado in the same village where the incident took place.

(3.) The case of the prosecution is that on 9- 7-2004 between 17.30 to 18.45 hours at Fabricavaddo, Veller, Velsao, the accused wrongfully restrained the victim/PW7 while she was on her way back to her residence ana thereafter had sexual intercourse with her against her will and consent and thereafter assaulted her, hitting her head on a stone pillar and threatened her to cause her death. In support of the charge, prosecution examined 11 witnesses including the Investigating Officer, Police Inspector Shri Madkaikar.