TILLAM NALBAHADDUR SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. The appellant herein is convicted by the Additional Sessions Judge, Greater Bombay vide judgment and order dated 25th February 2013 in Sessions Case No.452 of 2011 for the offences punishable under section 377 of the Indian Penal Code and sentenced to suffer R.I. for seven years and fine of Rs.25,000/- and in default to suffer six months S.I., Rs.20,000/- out of fine, if deposited, be given to the prosecutrix towards compensation. The prosecution has examined 10 witnesses to bring home the guilt of the accused. Implicit reliance can be placed upon evidence of PW1, PW3, PW7 and PW9.

(2.) Such of the facts necessary for the decision of this appeal are as follows :-

(3.) PW1 has deposed in consonance with the FIR. PW1 in her cross-examination has admitted that on 28th January 2011 there was Annual Day function in the school. She had a pass. Therefore, she was allowed to enter the hall. Her brother Santosh Jaiswal was not possessing a pass and therefore, the present appellant had objected to his entrance in the school. Being aggrieved by the said gesture, Santosh Jaiswal pelted stone, created ruckus in the school so much so that the Principal had to summon the Police for maintaining law and order. That, Santosh Jaiswal had threatened the appellant at that stage that he would have to suffer consequences for objecting his entrance in the school for the said function.