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Showing contexts for: forcibly kissing in The State Of Maharashtra vs Allha Abdul Rahim Mohd. And Anr on 17 April, 2018Matching Fragments
3. It has been alleged that, on the day of incident i.e. on 03-08- 2014 in the noon hours, both the accused and prosecutrix had been to Big Bazar for roaming. They watched the movie and in the wee hours of evening, they came to Shalimar hotel for meal. In the hotel, after occupying the seats, accused No.1 Allha left the lunch table and went towards the waiter. He had some conversation with the waiter in the hotel. Thereafter, they enjoyed the meal and returned to the University Campus. There was drizzling at about 5.00 to 6.00 p.m. The accused No.2 Parvin insisted the prosecutrix for halt at Shikshak Bhavan building located in the University Campus instead of going to ladies hostel. Accordingly, accused managed to get two rooms, one on the ground floor and another on first floor of Shikshak Bhavan building. Initially, trio went in the room located on first floor. The prosecutrix was feeling some what giddiness, and therefore, she slept on the bed in the room. The accused No. 2-Parvin divulged the prosecutrix that accused No. 1-Allha wanted to kiss her. But, prosecutrix shouted and asked both the accused to go out of the room. Thereafter, both accused left the prosecutrix alone and came downstairs in the another 4 Cri.Al.279-17-I room allocated in the name of accused Allha. However, at about 9.00 to 9.30 p.m. prosecutrix informed to the accused No.2 Parvin that her menstrual period has commenced. The accused No.1 Allha brought the sanitary napkins for the prosecutrix from market. The prosecutrix was alone in the room on the first floor, whereas, both the accused were chitchatting in the ground floor room. At about 11.00 p.m. prosecutrix woke up from the bed she felt thirsty. Therefore, she came downstairs in the room of accused Allha for drinking water. She saw both the accused were chitchatting in the room. The prosecutrix was feeling loneliness, therefore, she asked accused No.2 Parvin that she would sleep on another bed in the room of accused No.1 Allha, and accordingly, she slept in the room. In the midnight, when prosecutrix awakened from the bed that time she realized that the accused No.2 Parvin was not in the room and accused No.1 Allha was bolting the doors of the room. The accused No.1 Allha came near her and attempted to embrace her. He started kissing her forcibly and made demand for sexual favours. But, the prosecutrix refused to budge for such immoral act. Thereafter, accused No.1 Allha went to sleep on another Bed. In the morning at about 6.00 a.m., accused No.2 Parvin came in the room and took the prosecutrix back to her room at first floor. At about 8.00 a.m. they both left the Shikshak Bhavan and returned to ladies hostel in the University Campus.
"8. At about 11.00 p.m. I was thirsty with water hence, I had been to the ground floor to take search of Alla. When I entered in their room, Alla and Parvin were talking with each other. As I was going to sleep, I sleep on one cot and Alla and Parvin were talking with each other on the another cot. On 4.8.2014 at about 12.00 to 12.30 a.m. I got awakened and that time Parvin was not present in the room and Alla was bolting the door of room from inside. Alla closed the door of room by inside. Thereafter, Alla came to near me. He caught hold me and forcibly kissed me. He was also forcibly insisting me to have a physical relationship with me. I denied him. Thereafter, also he was forcibly kissing me and insisting for physical relationship, hence, I was constrained to push him. My bed sheet was lying near the cot and when I bent down to collect it I saw that water bottle was there. After taking the water I feel it little better and thereafter, I asked to Alla immediately to leave the room. It was the time at about 3.00 a.m. Alla asked me that he will take sleep on the another cot and thereafter, he slept there on the another cot.
19. The intense scrutiny of the evidence of victim/prosecutrix referred above, in the light of aforesaid legal dictum, reflects that the accused No. 1 - Allha during relevant period of intervening night in between 03-08-2014 and 04-08-2014 attempted to ravish victim/ prosecutrix. He ventured to grasp her and by physical contact forcibly kissed her. He was insisting for physical relations. But, the victim prosecutrix refused to yield to his advances. The aforesaid unblemished solitary version of P.W.12-victim/prosecutrix demonstrate that the accused No. 1-Allha committed the crime of sexual harassment as envisaged under sub-section (i) and (ii) of section 354-A (1) of the IPC. Her sole version is sufficient to draw inference against the accused No.1 - Allha.