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1987 DIGILAW 364 (SC)

Mehboob v. State Of Maharashtra

1987-03-06

A.P.SEN, V.BALAKRISHNA ERADI

body1987
( 1 ) WE heard Shri U. R. Lalit, learned counsel for the appellant and have gone through the judgment of the High Court as well as the testimony of Public Witness 1 Smt Powan. The conviction of the appellant rests on the testimony of the prosecutrix Public Witness 1 Smt Powan which stands corroborated in material particulars by evidence of an independent character, namely, that of her husband Public Witness 4 Ganesh. Their evidence shows that at about midnight the appellant who claims to be a trade union worker, had clandestinely effected entry into the verandah of the school building where the labourers employed in a coal mine were asleep and was caught red-handed while in the act of committing sexual intercourse with Public Witness 1 Smt Powan. Public Witness 1 was sleeping near her husband and on finding a stranger she raised an alarm. The appellant tried to run away but was caught by the prosecutrix by the scruff of his neck and given a thrashing by her husband Public Witness 4 Ganesh and the other labourers and thereafter he was handed over to the Security Inspector of the colliery. The High court as well as the 3rd Extra Assistant Sessions Judge have given very cogent and convincing reasons for accepting the testimony of the eyewitnesses. We find no ground for interference and also no reason to take a different view. ( 2 ) THE appeal therefore fails and is dismissed. Bail bond of the appellant shall stand cancelled and he shall surrender forthwith to serve out the remaining part of the sentence.