VISHNU ALIAS UNDRYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The sole appellant was put to trial under Section 376/366, IPC. He was convicted by the Trial Court and sentenced to two years R. I. on each count. He was also directed to pay a fine of Rs.1000/- and in default, further sentence of 3 months R. I. Aggrieved thereby, two appeals were preferred before the High Court. Appeal No. 147/84 was preferred by the accused against his conviction. Appeal No. 356/84 was preferred by the State for enhancement of the sentence. The High Court, by a common order, dismissed the appeal filed by the accused and allowed the appeal filed by the State. The sentence of the appellant was enhanced to 5 years R. I. and a fine of Rs. 1000/- and in default, further R. I. for 3 months. Aggrieved thereby, the present appeals have been filed by special leave.

(2.) The factual matrix may be noted briefly : The prosecutrix - Kumari Pushpa at the relevant time was residing with her parents Pandurang - PW-1 and Vimal - PW-13 at Khar Danda, Mumbai. The accused was known to the prosecutrix as they were residing in the same locality. The accused was also a friend of the maternal uncle of the prosecutrix. She used to visit her maternal uncles house where she used to meet the accused. Pandurang, father of the prosecutrix was admitted at K. E. M. Hospital for treatment of his eyes. The prosecutrix used to take food and tea to the hospital for her father.

(3.) On 10th July, 1980 the prosecutrix had gone to the hospital at about 11.00 a. m. carrying food and tea for her father. She left the hospital at about 3.30 p. m. While she was coming out of the gate of the K. E. M. hospital, the accused who was a taxi driver met her at the gate and inquired as to where she was going. The prosecutrix told the accused that she was on her way to her residence. The accused told her that he had his own taxi and he would drop her at her residence at Danda. Upon such offer, the prosecutrix got into the taxi. When the taxi came to the Linking Road Junction, the accused told her that his wife was admitted in Nanawati Hospital and he would go and see his wife in the hospital and thereafter he would drop her at her residence. The accused then took the taxi to a small hotel representing that it was Nanawati Hospital. The accused took her inside the room of the hotel, bolted the room from inside and committed rape on her by threatening that in case of her shouting, she would be finished. Both of them came out of the hotel room and the accused dropped her home at 5.45 p. m. in his own taxi.