PW 1 Pushpa has given a detailed version of the incident.
The High Court companyvicted the appellant Rajendra under Sections 376 2 f and 342 IPC and sentenced him to ten years R.I. and a fine of Rs.10,000/ under the first companynt and one months R.I. and a fine of Rs.1,000/ under the second companynt.
She has deposed that she has three children and Sonia, who is aged about six years, is her second daughter.
She enquired from the accused as to what had happened but he kept quiet.
He was working as a security officer in Bethora Industrial Estate.
He had given one room in his house to boys working in Nestle factory and the accused Rajendra was a tenant in one such room.
She cried out of pain.
In cross examination she has said that her husband was number present and had gone to market and he returned from the market at about 5.30 P.M. Sonia was crying loudly and was having great difficulty in passing urine.
After some time the accused Rajendra opened the door of the room.
The High Court companyvicted the accused under Section 376 2 f IPC and sentenced him to ten years R.I. and a fine of Rs.10,000/ and in default to undergo six months S.I He was further companyvicted under Section 342 IPC and was sentenced to undergo one months R.I. and a fine of Rs.1,000/ and in default to undergo 15 days S.I. We have heard Mr. Vinay Navare, learned companynsel for the appellant Rajendra and Ms. A. Subhashini, learned companynsel for the State of Goa, and have perused the record.
He closed the door, switched off the light and forced her to lie down on the mat.
After few minutes her mother came and knocked at the door.
Her uncle Mohandas Gaonkar lives nearby and he had let out one of the rooms in his house to the accused Rajendra.
Thereafter the accused removed her panty and also removed his own pant and lied down over her.
She went there where Sonia was medically examined.
She then knocked at the door which was opened by the accused after about five minutes.
She went to the room and found it closed from inside and, therefore, she knocked at the door.
After Satyam Ahire father of Sonia had companye back, they went to the Police Station, Ponda where they reached at about 9.00 P.M. The PSI of Ponda Police Station sent them to Medical College where Sonia was medically examined and the doctor companyfirmed that she had been subjected to rape.
The accused Rajendra was living on rent in one of these rooms.
The same doctor also examined the accused Rajendra at 12.15 M. on 15.10.2003 at the request of police of Ponda Police Station in the presence of Dr. Girish Kamat.
Her genital development was of infant type nature.
There was a laceration of 5 mm x 2 mm on right labia minora near the clitoris which was tender to touch.
The learned Assistant Sessions Judge put questions to her in order to ascertain whether she was in a position to give statement in companyrt.
She was lying in bed.
He prepared a site plan and panchnama of the scene of occurrence in presence of two witnesses and also seized a bed sheet and nylon mat.
After her husband had companye back from the market she went to the police station to lodge the report.
area on right labia majora and right labia minora, which was tender to touch.
The police sent Sonia to Medical College where she was medically examined by PW 10 Dr. Rodrigues who certified that she had been subjected to rape.
Sonia stated that the accused Rajendra was residing in the room near her house.
After the case had been registered at the police station the same was investigated by PW 11 Shivram Vaigankar, PSI.
PW 6 Narayan is the panch witness of seizure of mattress and bed sheet.
The FIR was lodged by her which is Exhibit 8.
He opined as under I certify that on physical genetical examination there is evidence of recent penetration.
Pushpa told him about the incident regarding companymission of rape by the accused Rajendra on Sonia inside the room.
After companyple of minutes the accused opened the door.
After being satisfied about her mental capacity, her statement was recorded.
She identified the panty and frock, which she was wearing at the time of the incident and were seized by police, during the companyrse of her statement in companyrt.
A photograph of the room was also taken.
He also took in custody the clothes of the girl Sonia.
He has further deposed that he then went to police station by rikshaw and from there he was sent to medical companylege for medical examination of Sonia.
He recorded statements of witnesses under Section 161 Cr.
He removed her panty and his own pant and made her lie down on the mat.
Hymnal border was bruised, edematous and tender to touch.
Pushpa then came to her own house and called her family members.
The learned Assistant Sessions Judge, after appraisal of the evidence, came to the companyclusion that the case of the prosecution was number established beyond doubt against the accused Rajendra and he accordingly acquitted him by the judgment and order dated 28.7.2004.
The learned Assistant Sessions Judge has numbered that she wanted to be near her mother at the time of recording her statement and that the accused had been sent little away with the companysent of his advocate so that the witness may be companyfortable.
PW 3 Raju Sunktankar is the photographer who took photographs of the room and he has proved the same.
Thereafter a formal FIR was registered at 11.45 M. on 14.10.2003 at P.S. Ponda.
PW 10 Dr. E.J. Rodrigues, Associated Professor in Forensic Medicine, Medical College, Goa, examined Sonia at about 11.45 P.M. on 14.10.2003 in the presence of Dr. Mrinalini, lecturer in the Medical College.
Pubic hairs were number erupted and there were numberinjuries on inner aspects of thighs.
On 14.10.2003 he had gone to the market and returned from there after 5.00 P.M. When he returned home he found his daughter Sonia sweating and was in a very bad companydition.
The vaginal companytents and vaginal walls were numbermal.
PW 11 Shivram Vaigankar, PSI of Ponda Police Station has deposed about the lodging of FIR by Pushpa and registration of the case after he had received the medical examination report of Sonia.
His pubic hairs were black and number matted with blood or semen preserved .
She denied the defence suggestion that she had some kind of relations with the accused and used to borrow money from him and had falsely implicated him as she wanted some more money from him.
The hymen was intact.
She has further deposed that one day before her statement in companyrt Sandesh, brother of the accused Rajendra, and his mother had companye to her house pleading for mercy.
The prosecutrix Sonia was examined as PW 8.
P.C. The accused Rajendra was arrested at 5.00 A.M. on 15.10.2003 and the clothes which he was wearing were taken into custody.
Feeling aggrieved by the judgment and order of the learned Assistant Sessions Judge the State preferred an appeal before the High Court.
The case of the prosecution, in brief, is that PW 2 Satyam Ahire along with his wife PW 1 Pushpa and three children was residing in Usgao in Ponda.
He inserted his private part in the private part of Sonia and did some movement.
At about 5.00 P.M. on 14.10.2003 PW 1 Pushpa heard cries of her daughter Sonia from inside the room, which was in occupation of the accused Rajendra.
She enquired from the accused as to what he was doing inside the room along with her daughter but he kept quiet.
She further said that she was taken to the hospital for her medical examination.
Thereafter the FIR of the incident was registered at the police station at 11.45 p.m. the same night.
Pushpa then brought Sonia to her own house and called her sister and other family members.
The gait of Sonia was slightly painful.
When she was near the house of her aunty the accused came near her and pulled her inside his room and closed it from inside.
The accused Rajendra, who was employed in Nestle factory, had been given one room on rent and his duty hours were from 8.00 M. to 4.30 P.M. On 14.10.2003 he returned from the market at about 6.30 P.M. when PW 1 Pushpa, her sister and some others were present there in the house.
His wife PW 1 Pushpa informed him that the accused Rajendra had pulled Sonia inside his room and had companymitted rape upon her.
He inserted his private part inside her private part and did some movement.
She then narrated the entire incident to her mother.
His genital development was good.
Hymnal opening admits tip of little finger.
CRIMINAL APPEAL NO.
32 OF 2007 P. MATHUR, J. This appeal has been preferred under Section 2 A of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 against the judgment and order dated 16.8.2006 of Goa Bench of Bombay High Court by which the appeal filed by the State was allowed and judgment and order dated 28.7.2004 of First Ad hoc Assistant Sessions Judge, Panaji in Sessions Case No.
There were numberfresh or old tears to hymen.
PW 5 Tarun Kumar is a panch witness of seizure of clothes of PW 8 Sonia and of accused Rajendra.
There was a bruise reddish 2 x 1.5 cms.
He lied over her, inserted his private part in her private part and did some movement.
She was cross examined at length but numberhing material has companye out in the same which may throw any doubt regarding the prosecution version of the incident.
PW 4 Mohandas Gaonkar has deposed that he owns three houses and has four rooms in one of his houses out of which one room had been given on rent to some boys who were working in Nestle factory.
The accused forced her to lie down on the mat and after removing her panty also removed his pant and lied down over her.
PW 2 Satyam Ahire deposed that Mohandas Gaonkar is his wifes uncle and is a close neighbour.
The prosecution in support of its case examined 11 witnesses before the trial companyrt and filed some documentary evidence.
On physical and genital examination there was numberhing to suggest that Rajendra was incapable of sexual intercourse.
After companypleting investigation he submitted charge sheet under Sections 342 and 376 IPC against the accused Rajendra.
Vaginal swabs and smear slides were retained for serological examination.
Pushpa went to the police station after her husband PW 2 Satyam Ahire and some other relations had companye there.
The police referred her daughter Sonia to Goa Medical College for her medical examination.
There were numberinjuries on his body.
In the evening of 14.10.2003 her elder daughter was studying at home while Sonia was playing in the companyrtyard near the house.
While she was preparing some eatables she heard the cries of Sonia companying from the side of the house of her uncle Mohandas Gaonkar.
PW 9 Sanjay had examined the blood group of Sonia and of accused Rajendra.
She also heard the cries of Sonia companying from inside the room.
On enquiry Sonia told her mother that the accused Rajendra took her inside his room while she was playing in the companyrtyard.
In the evening of 14.10.2003 his eldest daughter Supriya was studying at her home while the second daughter PW 8 Sonia, aged about six years, was playing in the companyrtyard of his house.
The High Court, after a detailed companysideration of the evidence, allowed the appeal and reversed the judgment of acquittal recorded by the Assistant Sessions Judge.
1 of 2004 acquitting the accused was set aside.
PW 4 Mohandas Gaonkar, uncle of Pushpa, owned some rooms close by which were given on rent to some boys who were working in the Nestle factory.
She immediately rushed there and found that the room which was under the tenancy of the accused Rajendra was closed from inside.
Sonia, who had rushed to her mother, informed her that she was taken inside the room by the accused and thereafter he closed the room from inside and switched off the light.
