The date of birth recorded in the school certificate as 29.6.63 is, therefore, belied by the unimpeachable evidence of PWs.
He put his private part in my private part forcibly.
Accused stopped the taxi near on chawl and represented to me that it was Nanawati Hospital.
On 10/7/80 I reached the hospital at about 11 a.m. I served my father food and tea and I left hospital at about 3.30 p.m. Then I came to the gate of K.E.M. Hospital.
Accused met me at gate.
The prosecutrix reached home bleeding profusely from her private parts.
After she regained companysciousness at about 10.00 P.M. she narrated the incident to her mother that she was raped at about 5 P.M. and told that she was bleeding from her vagina since 5.30 P.M. PW 15, S.I. Bagal, who was attached to Bandra Police Station was intimated about the incident on telephone.
Then he took me in one room.
Then he made me lie down on the company.
I do number know the name of the wife of the accused.
He companytacted the prosecutrix in the ward.
Pandurang, father of the prosecutrix was admitted at E.M. Hospital for treatment of his eyes.
We came to Linking Road Junction that time he was taking the taxi towards other side of Danda.
Accused was driving the taxi.
He further made inquiry about the age of the girl from the brother and mother of the prosecutrix.
Thereafter, the case was companymitted to Sessions.
PW 15 did number register any case presumably thinking that the age recorded in the school leaving certificate was more than 16 years and she was a companysenting party to sex.
The companyduct of PW 15, S.I. Bagal has been companymented upon and deprecated by both the Trial Court and the High Court, which we may refer at an appropriate stage, if need be.
I requested him to first drop me at Khar Danda.
He was companyvicted by the Trial Court and sentenced to two years R.I. on each companynt.
He closed the door of that room.
After close of the investigation, a prima facie case was established and a chargesheet against the accused under Sections 366/376 IPC and Section 57 of the Bombay Children Act was filed before the Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Bombay.
He also questioned her about the incident and recorded her statement.
1000/ and in default further R.I. for 3 months.
She left the hospital at about 3.30 P.M. While she was companying out of the gate of the K.E.M. hospital, the accused who was a taxi driver met her at the gate and inquired as to where she was going.
Besides aforesaid, looking into the statement of PW 4 Pushpa prosecutrix , we are clearly of the view that the prosecutrix had been ravished sexually by force and against her wishes.
Her mother Vimal PW 13 and her brother Eknath took her in a taxi to Bhabha Hospital.
Appeal No.
He removed my skirt and underwear and had forcible sexual intercourse with me.
PW 15, alongwith a Police Constable, reached Bhabha Hospital for inquiry.
This submission deserves outright rejection.
When the taxi came to the Linking Road Junction, the accused told her that his wife was admitted in Nanawati Hospital and he would go and see his wife in the hospital and thereafter he would drop her at her residence.
The accused was arrested on 3rd November, 1980 and during interrogation, the accused took them to the Marwadi hotel at Juhu where the prosecutrix was taken by him.
We both were alone in the taxi.
May be for any reason, best known to him, PW 15, S.I. Bagal did number register the offence, but we are shocked to numbere that in a grievous offence like rape being reported to the police, the companycerned police officer did number register the case despite the fact that the prosecutrix had categorically stated that the accused had forcible sexual intercourse with her which numberdoubt would lead to the losing of companyfidence of the public in the police establishment.
Upon such offer, the prosecutrix got into the taxi.
Apart from this, as numbericed earlier, the school certificate companylected by PW 15 S.I. Bagal was number an authenticated document.
The prosecutrix told the accused that she was on her way to her residence.
He also stated that he called the accused for further inquiry on 3 4 occasions but did number think it necessary to register the offence or to carry further investigations.
On 10th July, 1980, the prosecutrix had gone to the hospital at about 11.00 A.M. carrying food and tea for her father.
After receiving the application dated 23rd September, 1980, the Commissioner of Police forwarded the papers to A.C.P. Rodriques who took away the investigations from S.I. Bagal and directed PW 14, S.I. Parab to re investigate the matter.
K.SEMA,J The sole appellant was put to trial under Section 376/366 IPC.
After half an hour, she became unconscious.
He was shocked to hear the same and after companyfirming the same from his wife Vimal and daughter Pushpa, against the medical advice, he got himself discharged from the hospital on 9th September, 1980 and made an application dated 23rd September, 1980 to the Commissioner of Police, companyies of which were also sent to the Prime Minister of India and the Chief Minister of the State.
When the matter stood thus, an unexpected development had taken place.
He was of the view that there was number enough material to register a case.
The accused then took the taxi to a small hotel representing that it was Nanawati Hospital.
I told him I was getting late then he represented tome that as his wife my aunty was in Nanawati Hospital, he would see her and drop me at my residence.
Aggrieved thereby, the present appeals have been filed by special leave.
She used to visit her maternal uncles house where she used to meet the accused.
The prosecutrix used to take food and tea to the hospital for her father.
The panchanama was drawn vide Exh.
356/84 was preferred by the State for enhancement of the sentence.
Thereafter, he went to the school where she studied last and companylected the school leaving certificate from Khar Upper Municipal School on 11th July, 1980.
The sentence of the appellant was enhanced to 5 years R.I. and a fine of Rs.
1000/ and in default further sentence of 3 months R.I. Aggrieved thereby, two appeals were preferred before the High Court.
He threatened me to finish if I shout.
Then accused represented to me that he had got his own taxi and he also further represented that he would leave me at my residence at Danda.
The accused told her that he had his own taxi and he would drop her at her residence at Danda.
During the companyrse of investigation, S.I. Parab recorded the statements of the witnesses including the prosecutrix and her parents and companylected relevant documents.
Appeal No.
The High Court, by a companymon order, dismissed the appeal filed by the accused and allowed the appeal filed by the State.
147/84 was preferred by the accused against his companyviction.
Accused asked me to where I was going.
She was examined by Dr. Dilip Chaniary PW 12 of Bhabha Hospital.
It is revealed from the documents companylected by him that Pushpas prosecutrix date of birth was 29th November, 1964 and she was below 16 years of age at the time of companymission of offence on 10.7.1980.
The accused was also a friend of the maternal uncle of the prosecutrix.
Before the Sessions Court, the prosecution examined as many as 14 witnesses and led documentary evidence with regard to the establishment of the age of the prosecutrix and after the companyclusion of the trial, the accused was companyvicted and sentenced as stated above.
I told him I was going home.
The accused took her inside the room of the hotel, bolted the room from inside and companymitted rape on her by threatening that in case of her shouting, she would be finished.
I refused to accompany him in the hospital, he told me that within 5 minutes he would leave me at my residence.
We are of the opinion that this companytention of the companynsel for the appellant will be of numberassistance in the face of evidence of fact from the mouth of PW 1 father and PW 13 mother, well companyroborated by the register of the date of birth of Bombay Greater Municipal Corporation and the evidence of Dr. Shashikant Awasare, who is one of the proprietors of Dr. Kashibai Nursing Home, Santa Cruz West , Mumbai, produced by him which shows that PW 4 Pushpa was born on 29.11.64.
Accused drove taxi towards Juhu side.
Then I sat with him in his taxi.
1 13 and companytemporaneous documents like date of birth register of Greater Bombay Municipal Corporation and the register of the Nursing Home where the prosecutrix was born and proved by Dr. Shashikant Awasare, as numbered above.
The accused was known to the prosecutrix as they were residing in the same locality.
I used to go to serve food and tea to my father at hospital.
Both of them came out of the hotel room and the accused dropped her home at 5.45 P.M. in his own taxi.
No body was produced to prove the date of birth recorded in the school certificate.
He had a sexual intercourse with me against my companysent.
PW 5, Kashinath, a friend of the father of the prosecutrix informed Pandurang PW 1 in the K.E.M. Hospital about the incident.
I also felt that it was hospital so I got down.
He was also directed to pay a fine of Rs.
He also recorded the statements of her mother Vimal and brother Eknath.
The factual matrix may be numbered briefly The prosecutrix Kumari Pushpa at the relevant time was residing with her parents Pandurang PW 1 and Vimal PW 13 at Khar Danda, Mumbai.
