JUDGMENT :

SHRIKANT D. KULKARNI, J.

1. The appellant-accused who has been convicted for the offences punishable under Sections 342 and 376 of IPC by the Additional Sessions Judge, Greater Mumbai in Sessions Case No.77/2008 questioned the legality and correctness of his conviction and sentence for life imprisonment on various grounds.

2. The prosecution case in nutshell is as under. The victim who is adult stated to be a patient of schizophrenia, a mental disease. On 7th March 2008 around 1.30 p.m. she boarded one auto-rickshaw which was driven by the appellant-accused and asked him to take her for roaming. The victim was taken to Jogaiwadi Guest House at about 3.00p.m.. The appellant had taken room No.B/2. It is the case of the prosecution that the appellant committed rape on the victim in the said room. Any how the victim raised hue and cry for help. The Manager of the said guest house rushed to the room and gave call. The door was opened and victim came out of the room and ran outside the guest house. She approached to two rickshaw drivers who were at rickshaw stop and narrated