MANI KUMARSWAMY MUDLIYAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed the judgment and order passed by the 4th Additional Sessions Judge, Thane dated 14.3.1995 whereby appellant was convicted under Section 376 of I. P. C. and sentenced to suffer R. I. for seven years and to pay a fine of Rs. 1000/- in default R. I. for six months. The appellant was the 1st accused in Sessions Case No. 630 of 1994 on the file of 4th Addl. Sessions Court, Thane. Appeal filed by the Second accused was already dismissed for default on 7.10.1997 as Cri. Appeal No. 212 of 1995.

(2.) THE Prosecution case in short is that one Sunita is born on 4th May,1978. Her father is no more; her mother is mentally retarded and unable to take proper care of herself and Sunita. Said Sunita and her mother used to stay at maternal grand mother who is 70 years old. Sunita for some time was working in one J. P. Company but had lost the job in or about February, 1994 and she was in search of a job. It is further case of the prosecution that on 17th February, 1994 at about5. 00 p. m. accused No. 2 Vaishali Shantaram More went in the house of Sunita and told her that she had a job for her and she should come with her. Sunita took the permission of her grandmother and went along with accused No. 2 Vaishali. THE accused No. 2 Vaishali hired a rickshaw. Both of them sat in it and on the way, near the govt. Hospital, appellant sat in the rickshaw. THE rickshaw was taken near one Hotel. Appellant got down from the rickshaw and asked Sunita to follow him. He took Sunita on the first floor of the building where the hotel was situated and asked for a room. He signed in the hotel register and then asked Sunita to accompany him in the said room. Sunita refused to do so, but she was forcibly taken in the said room and appellant in that room raped her. Appellant thereafter threatened Sunita that she should be killed if she would disclose this fact to any one and asked her to go. Sunita went to accused No. 2 and asked her why such thing was done to her. THEn accused No. 2 offered her some money but she refused to accept the same. About a week thereafter accused No. 2 called Sunita to her house where appellant was present. Appellant again raped sunita in the house of accused No. 2.Both of them again threatened Sunita that she would be done away if she would tell this fact to any one. About a week later, once again both the accused forced Sunita for an intercourse with Appellant.

(3.) P. W. 4 is one Ramsharay Baldin Gupta. He says that on 3.5.1995 he was called in the police station. Another panch Rajendra and one Gupta were also present in the police station. Gupta handed over one paper in his presence to police. Police took that paper which is at Exh. 14 He says that this paper was signed by some persons containing statement of Sunita made in the precinct of Santoshima temple.