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2009 Supreme(Bom) 140

C.L.PANGARKAR
Mauricio DMello, S/o Michael DMello – Appellant
Versus
State of Goa – Respondent


Advocates Appeared: For the Appellant :Galileo Teles, Advocate. For the Respondent: W. Coutinho, Public Prosecutor.

Oral Judgment:


1. This is an appeal by the accused,who was convicted of offences punishable under Section 376 and 342 of the Indian Penal Code. He is sentenced to undergo seven years' rigorous imprisonment and fine of Rs.5000/- for having committed offence under section 376 of I.P.Code and three months simple imprisonment and fine of Rs.500/- for having committed offence under section 342 of I.P.Code.


2. The facts giving rise to this appeal are as follows - The complainant, who is a married woman lives with her children and mother-in-law at Salcete Goa. Her husband is serving in middle East. The children of the complainant usually leave for their school in the morning. She prepared them for going to the school and even gave break-fast etc. She left them at the bus stop at 8.00 a.m. and came back home. While she was cleaning the house, the accused came in under a pretext of making a telephone call. The telephone is located in the living room. After some time, the accused told the complainant that he was unable to make any telephone call since he was not getting the dialed number. He, therefore, started leaving the house. The complainant was all the while under impression that the ac


































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