Advocates:
['PUBLIC PROSECUTOR', 'SHRI NITIN GANGAL', 'ADV FOR', '', 'SMT S A MUDBIDRI']

1 Cri-Appeal-582-92-&-Ors..sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

Mhi

CRIMINAL APPEAL NO. 582 OF 1992

WITH

CRIMINAL APPEAL BO. 583 OF 1992

WITH

CRIMINAL APPEAL NO. 728 OF 2005

CRIMINAL APPEAL NOS. 582/1992 & 583/1992

The State of Maharashtra

...

Appellant

Vs.

Vishwas Raghunath Shinde

)

Police Constable B.Noo.696

)

Police Stn. Sawantwadi, District

)

Sindhudurg.

)..

Respondent

CRIMINAL APPEAL NO. 728 OF 2005

Vishwas Raghunath Shinde

...

Appellant

(Orig. Accused)

vs.

The State of Maharashtra

...

Respondent

Mr. Y.M.Nakhwa, APP, for the appellant - State

(in Appeal No.728/2005 for the respondent).

Mrs.Shakuntala A.Mudbidri,Advocate for the respondent.

(in Appeal No.728/2005 for the appellant)

CORAM:

J.H.BHATIA,J.

DATE :

15th December, 2010.

JUDGMENT :

1.

All these three Appeals arise out of the same judgment dated

2 Cri-Appeal-582-92-&-Ors..sxw

6.8.1992 in Regular Criminal Case No.38/1989 passed by the Chief Judicial

Magistrate, Sindhudurg, whereby the accused was convicted for the offence

punishable under Sections 332 and 353 of IPC and was sentenced to undergo R.I.

for six months and to pay fine of Rs.1,000/- on first charge and to undergo R.I. for

three months and to pay fine of Rs.500/- on the second charge but he was

acquitted of the charge under Sections 504, 506 Part II and 509 of IPC.

2.

Appeal No.582/1992 is filed by the State against acquittal of the

accused for the charges under Sections 504, 506 Part II and 509 of IPC. Appeal

No.583/1992 is also filed by the State for enhancement of the sentence for the

offence under Sections 353 and 332 of IPC. Originally, this Appeal was filed

before the Sessions Court at Sindhudurg and was transferred to this Court. Appeal

No.728/2005 is filed by the accused against his conviction and sentence for the

charges under Sections 332 and 353 of IPC. This Appeal was also filed originally

before the Sessions Court at Sindhudurg and was transferred to this Court.

3.

Prosecution case, in brief, is that the accused was an armed Police

Constable posted with Police headquarters at Sawantwadi. PW-1 Rajlaxmi Rane,

was a lady Constable and she was on duty at the Police headquarters and her duty

was to receive orders, letters, communication, etc. and to distribute the same to

3 Cri-Appeal-582-92-&-Ors..sxw

the concerned persons. According to the prosecution, on 28.12.1988 at about 4

p.m., PW-1 Rajlaxmi was on duty at the police headquarters. The accused came

to her and asked her as to why she had not disclosed to him that his leave order

was received from the S.P. office long back. She told that she had not met him and

therefore, the order could not be given to him. Then the accused started abusing

her and also threatened to kill her. Other staff members, who were present,

advised the accused no to abuse and to accept the letter about leave from PW-1

Rajlaxmi. However, the accused slapped her on the left cheek. He had also

pulled the end of her saree from behind and torn her blouse. Due to this, she

suffered injury on her shoulder. On the same day, PW-1 Rajlaxmi lodged a report

Exhibit 12 at the Police Station. She was referred for medical examination.

Statement of several witnesses were recorded. After investigation, police filed the

charge-sheet against the accused for different offences.

4.

Vide Exhibit 8 charges were framed against the accused for the

offences under Sections 353, 332, 509,504, 506 Part II of IPC. He pleaded not

guilty. According to him, he was falsely implicated in this case. He pleaded that

he was in fact on escort duty with a Minister on 28.12.1988 and he had not been to

the office nor any such incident had occurred. He only objected to the del