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C vs The State Of Maharashtra on 10 June, 2013

Bombay High Court C vs The State Of Maharashtra on 10 June, 2013Bench: R. S. Dalvi

1 CR.REVN.APLN. 229/2012 mnm

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CRIMINAL JURISDICTION

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CRIMINAL REVISION APPLICATION NO. 229 OF 2012 C

Ashok Somnath Ghodke …Petitioner/Applicant Vs.

1. The State of Maharashtra

2. Anita Satish Ghodke …Respondents h

Mr. Manoj Gadkari for Petitioner/Applicant ig

Mrs. A.A. Mane, APP for the State

CORAM : MRS. ROSHAN DALVI, J.

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Date of Reserving the Judgment : 9th May, 2013 Date of Pronouncing the Judgment: 10 th June, 2013 JUDGMENT:

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1. The petitioner/applicant (applicant) is the brother-in-law of respondent No.2. The respondent No.2 had filed a complaint against her om

husband, his mother and the applicant herein under Sections 498A, 506 r.w Section 34 of the Indian Penal Code (IPC) as also under Section 354 of the IPC against the applicant. All the accused have been acquitted of the B

charge under Sections 498A and 506 r.w Section 34 of the IPC. The petitioner has been convicted of the charge under Section 354 of the IPC.

2. The order of the learned Judicial Magistrate First Class, Court No.3, Pune dated 24th February, 2009 in that behalf has been challenged by the ::: Downloaded on – 27/08/2013 20:32:26 ::: 2 CR.REVN.APLN. 229/2012 applicant herein before the Additional Sessions Court, Pune. The Additional Sessions Judge, Pune has dismissed his appeal and confirmed rt

the order of conviction and sentence on 16th June, 2012 which has been challenged in this revision application. ou

3. The case of outraging the modesty of respondent No.2 who is the C

sister-in-law of the applicant herein has to be seen essentially only from her evidence as the incident transpired within the confines of the the kitchen in the house of respondent No.2, though another witness has been examined h

in that behalf also.

4.

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The incident transpired at 1.00 a.m on 21st October, 2007 when H

respondent No.2 was sleeping with her minor child in the kitchen. Her husband was out of the house. She felt that some one had put a hand on her person. She woke-up, she saw that it was her brother-in-law, the y

applicant herein. He was not having his clothes on his person. He was in ba

her bed. When she started shouting he pressed her mouth. He was sitting on her body. Somehow she rescued herself. She called her mother-in-law. Rather than helping her, her mother-in-law told her that her husband was om

going to leave her and she should assume that her brother-in-law was her husband. There was strained relations between the complainant and her family members. Her husband was having an affair with another lady. He B

used to come once in a week to the house. Only her father-in-law was a good person. Hence her mother-in-law did not come to her assistance. She tried to run away outside the house when her brother-in-law and mother-in-law caught her and her mother-in-law poured kerosene on her ::: Downloaded on – 27/08/2013 20:32:26 ::: 3 CR.REVN.APLN. 229/2012 and both of them beat her. Somehow she ran away from there and went to the house of her sister to narrate the incident. rt

5. This is the substance of the complaint. Such evidence can be given ou

only by the victim herself. There is no other to see, depose or corroborate such evidence. There have been certain divorce proceedings between the C

complainant and her husband. The complainant was living in the same house with her child. The family members would naturally not help her if such an incident transpired. She has been cross examined at length. h

However no descrepancies are pointed out in her evidence. No other can ig

depose on her behalf. It was contended that there was no independent witness. There would be none under such circumstances. Only her little H

son was present with her. The incident happened after midnight. Hence the neighbours would be asleep. She was not allowed to shout when she tried to shout because the applicant herein closed her mouth. He would y

overpower her. The learned Magistrate has rightly observed that ba

multiplication of witnesses is unnecessary and such evidence needs no corroboration of any sort. He has further correctly observed that no women would take recourse to such type of incident to falsely implicate om

anyone by putting her character at stake. In fact in this case the complaint was also under Section 498A and 406 of the IPC. That has been prosecuted and in fact the accused have been acquitted of that charge. Their acquittal B

of that charge has nothing to do with the proof of the charge against the applicant herein only under Section 354 of the IPC.

6. In fact, the proof of the charge of outraging modesty by the brother- ::: Downloaded on – 27/08/2013 20:32:27 ::: 4 CR.REVN.APLN. 229/2012 in-law of respondent No.2 in view of the strained relations with her husband, and the act of the mother-in-law of respondent No.2 in not rt

helping respondent No.2 when she shouted for help but in fact asking her to surrender to her other son shows the mental cruelty also. ou

7. The learned Additional Sessions Judge has re-appreciated the entire C

evidence correctly and similarly. The appreciation of evidence by both the Courts in the concurrent findings is correct. h

8. It is contended that the lodging of the FIR is delayed. The incident took place at 1.00 a.m. The complaint was lodged at 22.30 hours on the ig

same day. There is some discrepancy sought to be shown in the distance H

between the house of the complainant and the police station. The distance alleged is not proved. The complainant had to rush to her sister. Her family members were called. Thereafter they would lodge the complaint. y

The gravamen of the charge was the harassment by all the accused. The ba

complainant would have to consider lodging one criminal complaint on a single day with regard to the various acts of cruelty and harassment against her husband and her mother-in-law and the specific case against her om

brother-in-law alone. The learned Sessions Judge in the impugned order has correctly observed that she would have certainly thought many times before she lodged the complaint. It is settled law that complaints by B

women for offences against women are not mandatorily required to be filed within hours.

9. It is also argued that there is no incriminating circumstances shown. ::: Downloaded on – 27/08/2013 20:32:27 ::: 5 CR.REVN.APLN. 229/2012 Spot panchanama is not prepared. The Investigating Officer in his evidence has explained why that was so. That was because the complainant had rt

gone to the house of her parents.

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10. The evidence of the complainant fully shows the offence made out by the applicant herein. Both the Courts have correctly appreciated that C

evidence. The conviction and the sentence are correct and deserves no interference.

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11. The criminal revision application is dismissed.

12.

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The applicant shall surrender before the relevant Magistrate within 6 weeks, failing which the relevant Investigating Officer shall take him in H

custody and report to Court.

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(MRS. ROSHAN DALVI, J.)

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::: Downloaded on – 27/08/2013 20:32:27 :::

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