JUDGMENT :

Sadhana S. Jadhav, J.

1. The appellant being aggrieved impugns the Judgment and Order dated 15th June, 2006 passed by Addl. Sessions Judge, Gr. Bombay in Sessions Case No. 957 of 1993, convicting the appellant for offence punishable under section 376 of the INDIAN PENAL CODE and sentencing him to undergo R.I. for 3 years and to pay a fine of Rs. 10,000/- in default to undergo S.I. for one year.

2. Such of the facts necessary for the decision of this appeal are as follows :

(i) Ms. X, a helpless adolescent girl was working as a maid servant in Mumbai to earn her livelihood. According to the prosecution, on 8/8/1992 Ms. X had approached Gamdevi Police Station along with her parents and a sister and lodged FIR alleging therein that she is native of village Shirdi. That 5 years prior to 1992, her father had got her employed as a maid servant with Shri Jahangir owner of Hotel Sai-Village at Shirdi. Mr. Jahangir, his wife Naseem and two children i.e. present accused No. 1 and his sister Farhad, were original residents of Geeta Bhavan, Bombay. The wife of Mr. Jehangir i.e. accused No.2 had brought Ms. X to Bombay to work at their residence. After few days, sister of the victim namely, Ranjana was also employed as a maid servant with Mrs. Khurshid i.e. mother of Mrs. Naseem accused No.2.

(ii) At the residence, Ms. X was molested and ravished by accused No. 1 the son of A2. Due to fear and apprehension of assault, she could not disclose the same to accused No.2 at the initial stage and had only disclosed that she was being teased by accused No. 1.

(iii) That she had conceived pregnancy from accused No. 1. That accused No.2 had taken all efforts to abort the foetus. That she was taken to Bhatia Hospital where the doctor had refused to perform medical termination of pregnancy on account of advanced stage of pregnancy. Accused No.2 had assured the doctor that she would look after the victim who was her maid and inform her relatives accordingly and therefore, it would not be necessary to report to the police.

(iv) That she was then admitted to Asha Sadan by accused No.2. The officials of Asha Sadan had admitted her in J.J. Hospital where she gave birth to female child.

(v) That accused No.2 had instructed her to leave the child in Asha Sadan. She refused to abandon the child in the institution and therefore, was allowed to take the child along with her

(vi) On the way, the sister of accused No.2 had snatched the child from Miss X on the assurance that it would be returned after a few months.

(vii) That she was not allowed to meet anyone. The officials of Asha Sadan had visited the house of accused No.2 to enquire about welfare of child and mother. But, accused No.2 had not allowed her to tell the truth.

(viii) She was harassed at the hands of accused No.2 and was not allowed to return to her native place. Finally, she escaped from the house of accused No.2 and had been to J.J. Hospital, where she took shelter with one nurse, who had helped her to reach home and, thereafter, she had returned with her parents and lodged FIR. On the basis of which Crime No. 732 of 1992 was registered at Gamdevi Police Station on 8/8/1992 against the accused for the offences punishable u