Back
2003 Supreme(Bom) 421
BOMBAY HIGH COURT AT PANAJI, GOA
P.V. HARDAS, J.
Kamalakant Shablo Pilyenkar – Applicant
Versus
State of Goa through Public Prosecutor, Panaji, Goa – Respondent
Criminal Revision Application No. 22 of 2002
Decided On: 4th April, 2003
Mr. S.D. Lotlikar, Senior Advocate with Mrs. S.S. Samant, Advocate for the Applicant.
Mr. S.N. Sardessai, Public Prosecutor for the State.
The need for corroboration of evidence in cases of assault and the consideration of the accused's personal circumstances in sentencing.
Headnote:
Conviction - Indian Penal Code - 354, 324, 506(1)
Fact of the Case:
The accused was convicted for offenses under Sections 354, 324, and 506(1) of the Indian Penal Code based on the testimony of the victim, who alleged that the accused had assaulted and threatened her.
Finding of the Court:
The court found discrepancies in the victim's testimony and concluded that her evidence was not entirely reliable. The court acquitted the accused of the charges under Sections 354 and 506(1) but maintained the conviction under Section 324, reducing the sentence based on the accused's personal circumstances.
Issues: Reliability of victim's testimony, corroboration of evidence, and the accused's defense.
Ratio Decidendi: The court emphasized the need for corroboration of the victim's testimony and found discrepancies in her statements, leading to the acquittal of the accused on some charges. The court also considered the accused's defense in determining the final decision.
Final Decision: The accused was acquitted of the charges under Sections 354 and 506(1) but convicted under Section 324, with the sentence reduced based on personal circumstances.
P.V. HARDAS, J.
1. The Applicant/Original Accused stands convicted for an offence punishable under Sections 354, 324 and 506(1) of the Indian Penal Code by the Assistant Sessions Judge. Panaji by judgment dated 18th July, 1998 in Sessions Case No. 7 of 1998 and confirmed by the learned lower Appellate Court by judgment dated 12th July, 2002, in Criminal Appeal No. 38 of 1998. The Applicant/Original Accused has filed this present revision assailing the conviction and sentence.
2. The Applicant/Original Accused was sentenced to undergo Rigorous Imprisonment for one year and to pay fine of Rs. 500/- in default Rigorous Imprisonment for one month for an offence punishable under Section 354 of the Indian Penal Code. In respect of the offence punishable under Section 324 of the Indian Penal Code the Applicant/Original Accused was sentenced to undergo Rigorous Imprisonment for six months and to pay fine of Rs. 500/- in default Rigorous Imprisonment for one month. In respect of an offence punishable under Section 506(1) of the Indian Penal Code the Applicant/Original Accused was sentenced to suffer Rigorous Imprisonment for two months. The learned Assistant Sessions Judge, Panaji, directed that all the sentences shall run concurrently and an amount of Rs. 1,500/- be paid as compensation to the prosecutrix. The Applicant/ Original Accused being aggrieved by the conviction and sentence passed by the learned Assistant Sessions Judge. Panaji, in Session Case No. 7 of 1998, by judgment dated 18th July, 1998, filed an Appeal before the learned Sessions Judge, North Goa, at Panaji. The learned lower Appellate Court by its judgment dated 12th July, 2002, dismissed Criminal Appeal No. 38 of 1998 filed by the Applicant/Original Accused. Hence, the present revision.
3. The facts as are necessary for the decision of the present Criminal Revision Application are set out hereunder:-
The pivot of the prosecution case is the testimony of PW 3, Ujwala Verenkar, who was studying in VIIth Class in the Navdurga High School. According to her, on 29th August, 1996, she started from her home at 6:40 a.m. for going to school. After having walked for about five minutes the Applicant/Original Accused came from behind and gagged her by putting a towel on her mouth. She states that the Applicant/Original Accused forcibly took her to the bushes and pushed her on the ground and scratched her with his finger nails on her neck near her lip on the index finger of her right hand and on the left forearm. According to her the Applicant/Original Accused also gave tooth bite on her neck and on her thigh. According to her after the Applicant/Original Accused had pushed her on the ground the Applicant/Original Accused removed her clothes and threw her panty aside. She further states that the Applicant/Original Accused then sat on her stomach and started pressing her breasts and put his finger in her vagina. The Applicant/Original Accused thereafter got up. Took his towel and chappals and while going threatened her by saying that PW 3. Ujwala Verenkar should go straight to school and in case, she told her mother about the incident the Applicant/Original Accused would kill her and bury her at the same spot. PW 3, Ujwala Verenkar, then started walking towards her house and on the way she met her mother and narrated the facts to her. PW 2, Metu Rama Verenkar father of PW 3 Ujwala Verenkar lodged a complaint at Exh. PW 2/8. During the course of investigation the police recorded the spot panchanama at Exh. PW 1/6. The school bag of PW 3, Ujwala Verenkar and a mud stained panty was seized. The said panty is at M.O. 2. During the course of investigation in the presence of PW 5, Arjun Pilyenkar, vide panchanama Exh. PW 5/12 a towel M.O. 8 was seized. In the presence of PW 6, Ajay Mandrekar, the clothes of PW 3. Ujwala Verenkar were attached vide Exh. PW 6/15. PW 7, Dr. Indirani Pal. examined PW 3, Ujwala Verenkar to determine her blood group which was identified as B Rh positiv
