MAURICIO D MELLO Vs. STATE OF GOA

JUDGEMENT

(1.) This is an appeal by the accused, who was convicted of offences punishable under Section 376 and 342 of the Indian Penal Code. He is sentenced to undergo seven years' rigorous imprisonment and fine of Rs. 5000/- for having committed offence under Section 376 of I.P. Code and three months simple imprisonment and fine of Rs. 500/- for having committed offence under Section 342 of I.P. Code.

(2.) The facts giving rise to this appeal are as follows - The complainant, who is a married woman lives with her children and mother-in-law at Salcete Goa. Her husband is serving in middle East. The children of the complainant usually leave for their school in the morning. She prepared them for going to the school and even gave break-fast etc. She left them at the bus stop at 8.00 a.m. and came back home. While she was cleaning the house, the accused came in under a pretext of making a telephone call. The telephone is located in the living room. After some time, the accused told the complainant that he was unable to make any telephone call since he was not getting the dialed number. He, therefore, started leaving the house. The complainant was all the while under impression that the accused must have left the home. The clothes of the complainant's children were lying on the floor. She picked them up and went to the store-room to keep them in the cupboard. While she was going towards cupboard, somebody came from behind and caught hold of her. The complainant thought that it must be her mother-in-law. She was being dragged to the bedroom which is adjacent to the kitchen. When she turned back, she found that it was the accused who had caught hold of her and was dragging her towards the bed-room. The complainant tried to resist but was overpowered. She found that the front door of the house was latched inside. She shouted for help. The accused tried to gag her. Then he forcibly lifted her and put her on the bed. He lifted her and removed her panty. He also removed the brassier. The complainant in order to resist, had beaten the accused. Thereafter, the accused inserted his finger in her private part. The complainant became semi-unconscious. In the meanwhile, she heard the door being opened. The people came in and then she was shifted to hospital. She was initially shifted to Hospicio Hospital, Madgaon and then to Government Hospital at Bombolim.

(3.) The complainant was examined by the Medical Officer. In the meanwhile, the complainant had lodged the report with the police. The accused was arrested. He too was examined by the Medical Officer. The Medical Officer found evidence of forcible sexual intercourse on the person of both complainant and the accused. The vaginal swab and the clothes of the accused and the complainant were thereafter forwarded to the Forensic Science Laboratory. The statements of the witnesses were also recorded. The complainant also gave her additional statement in the evening around 6.00 p.m. A charge-sheet was thereafter filed against the accused. The Judicial Magistrate (F.C.) committed the accused to the court of Sessions. The Sessions Judge framed charge against the accused. The accused pleaded not guilty and claimed to be tried. On consideration of the evidence, the Sessions Judge found the accused guilty of offences under Section 376 and 342 of the Indian Penal Code and convicted him and sentenced as stated above. Being aggrieved by that order of conviction and sentence, this appeal has been preferred.