Criminal Appeal No. 665 of 1993. Case: Keshav Baliram Naik Vs State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 665 of 1993 |
| Counsel | For Appellant: A. G. Toraskar, Adv. and For Respondents: D. A. Nalavade, Adv. |
| Judges | V. Sahai, J. |
| Issue | Indian Penal Code (45 of 1860) - Sections 354, 376, 457, 506 |
| Citation | 1996 CriLJ 1111 |
| Judgement Date | November 02, 1995 |
| Court | High Court of Bombay (India) |
Judgment:
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Vide Judgement and Order dated 26-8-1993, passed in Sessions Case No. 135/1992, the IIIrd Additional Sessions Judge, Thane, convicted and sentenced the appellant in the manner stated hereinafter:-
i) u/S. 457 I.P.C. to two years R. I. and to pay a fine of Rs. 2000/- i/d to undergo 6 months R. I.
ii) u/S. 376 I.P.C. r/w 511 I.P.C. to five years R. I. a fine of Rs. 5000/- i/d to undergo RI for a period of one year.
iii) u/S. 354 I.P.C. but, no separate sentence was awarded on that count; and.
iv) u/S. 506 (II) I.P.C. to two years RI and to pay fine of Rs. 2000/- i/d 6 months RI.
The substantive sentences of the appellant were ordered to run concurrently.
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Feeling aggrieved by the aforesaid convictions and sentences, the appellant has come up in appeal before this Court.
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The prosecution case in brief is that, the prosecutrix Sugandha Laxman Mhatre PW-1 is blind since her birth. She, her mother Bharati Mhatre, her father Laxman Mhatre and the appellant reside in village Bhadwad District Thane. On the night of 14th and 15th of December, 1991, at about 12.30 a.m. the prosecutrix, her parents and other members of her family were sleeping inside their house. At that time, the prosecutrix felt that someone had put a hand on her hand. Naturally, she enquired as to who he was. She recognised the appellant by his voice. It is alleged that when the prosecutrix asked the appellant as to who he was. She told her not to disclose his name, otherwise she would be killed. He had also brandished a knife towards her. It is further alleged that the appellant removed the quilt by which the prosecutrix had covered herself and thereafter, inserted his hand in her midi. At that, the prosecutrix had shouted 'mother'. On that the parents of the prosecutrix got up and reprimanded the appellant, who thereafter ran away.
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Initially, the parents of the prosecutrix were not inclined to lodge an F.I.R. because, the appellant was a goonda and they were afraid of him. However, some respectable persons in the village asked the mother of the prosecutrix to lodge an FIR and on 16-12-1991 the informant Bharati Mhatre PW-2 along with her husband Laxman Mhatre P.W. 3 went to police station Shantinagar. There at 12.45 noon. Bharati Mhatre lodged her FIR. In the aforesaid F.I.R. the appellant is named. The FIR lodged by the prosecutrix was proved in the Trial Court as Exhibit 9 by Head constable Rangnath Kamerkar who had registered a case on its basis under Sections...
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