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Showing contexts for: insert penis in Ahemad Pasha Shaikh vs The State Of Maharashtra on 21 June, 2019Matching Fragments
11. The evidence of grand-mother (PW-4) of the victim boy to whom the victim boy disclosed the incident immediately, is that at the time of incident she was in Karala in the house of Bhagyashree. She knows the accused. The victim boy is the son of Bhagyashree her daughter. Her daughter Bhagyashree and her husband had gone to the field. The victim boy and other children of Bhagyashree were in the house. They were playing near ( 11 ) criapl692.18 her. The victim boy went out of the house. She had heard crying of the victim boy. She came out of the house. She saw that anus of the victim boy was bleeding. Thereafter, she asked her neighbour Rubina to make phone call to Veerbhadra (father of the victim). Accordingly, said Rubina made a phone call to father of the victim boy and told that anus of the victim boy was bleeding. Thereafter, father and mother of the victim boy came to the house. They asked the victim boy what had happened. The victim boy told that the accused had taken him to Wada giving him Rs.2/- and saying that he would purchase candy for him and there the accused had inserted his penis in his anus. Thereafter father of the victim boy had taken the victim boy in the hospital. In the cross- examination she has denied that she is deposing false. Thus, nothing is found in favour of the accused in the cross-examination of PW-4. Thus, there is no reason to disbelieve the evidence of PW-4 to whom immediately after the incident the victim boy had disclosed the incident of inserting the penis by the accused in the anus of the victim boy.
12. The evidence of Angad Yelnure (PW-6), who knows the complainant as well as the accused and who appears to have heard cry of the victim boy and to whom victim boy ( 12 ) criapl692.18 disclosed the incident, is that on 27.08.2013 at about 01.30 pm he was in his house and he heard crying of a boy from the dilapidated Wada of Kisan Patil. He came out of the house. He saw that the accused had dropped the son of the complainant/Veerbhadra on the road. He went to that boy. Mother-in-law of the complainant also came there. He saw that anus of the boy was bleeding. He asked him as to what had happened and he told him that the accused had taken him away giving him Rs.2/- saying that he would purchase chocklet for him. Said boy told that accused had taken him to dilapidated Wada and inserted his penis in his anus. Said boy also told him that his anus was bleeding and as he was crying the accused dropped him there. In the cross-examination he denied that he is deposing false on the say of the complainant. His evidence that the victim boy disclosed him the incident that the accused inserted his penis in the anus of the victim boy has not been shattered in the course of his cross-examination on behalf of the accused. Thus, there is no reason to disbelieve the evidence of PW-6 and his evidence is quite natural.
13. The evidence of complainant (PW-2) who is father of the victim boy is that on the day of incident he and his wife had gone to their field in morning. His mother-
::: Uploaded on - 21/06/2019 ::: Downloaded on - 22/06/2019 07:34:43 :::( 13 ) criapl692.18 in-law (PW-4) and sons were in the house. His mother-in- law had made a phone call to him from the mobile of Rubina and informed that anus of the victim boy was bleeding. She also told that accused had taken the victim boy to dilapidated wada of one Brahmin and anus of victim boy was bleeding since accused reached him back. He deposed that he came to his house. The victim boy told him that accused had given Rs.2/- and told that he would purchase candies for him and took him to Wada of Brahmin by lifting him. He also told that accused had removed his full pant and inserted his penis in his anus. Victim boy told him that his anus had started bleeding and thereafter accused reached him back near their house. He stated that he took the victim boy to Government hospital, Latur and Doctor asked him to go to police station. Then he went to Killari Police Station and lodged the complaint (Exh.49). In the cross-examination he has denied that their relations with the accused and his family were strained and hence he filed false case. He also denied that victim boy had not told him that accused had taken him away and committed alleged act of sexual assault. He also denied that he is deposing false. Thus, nothing is found in favour of the accused in the cross-examination of the complainant.
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14. From the evidence of the victim boy (PW-10) it is clear that on the date of incident the accused had taken him to the dilapidated wada of Kiran Patil in the village and there the accused after removing his pant inserted his penis in the anus of the victim boy and therefore there was bleeding and thereafter accused left the victim boy near his house. The, evidence of the victim boy is very well corroborated by grand-mother (PW-