MAROTI U WANKHEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Patwardhan, learned counsel for the appellant and Mr. Sonare, learned Additional Public Prosecutor for the respondent-State.

(2.) The criminal appeal is directed against the judgment and order, dated 4th February, 2002, passed by the Second Additional Sessions Judge, Yavatmal, in Sessions Trial No. 152 of 1994, whereby the present appellant is convicted for the offences punishable under Ss. 363, 366 and S. 376 of the Indian Penal Code.

(3.) The case of the prosecution, in nutshell, is as follows :- the appellant-accused had started his brick kiln in the field of the maternal uncle of the prosecutrix Ku. Sandhya, in the year 1994. Father of the prosecutrix, the complainant-Madhukar Mahadevrao Thakre, was working on that brick kiln of the accused. The accused, at the relevant time, was residing at the house of the complainant-Madhukar Mahadev Thakre. The accused some time prior to the incident of rape in question tried to outrage the modesty of prosecutrix Sandhya at her house, since her father Madhukar Thakre and his wife had gone to a fair at village Sawanga. The parents of the prosecutrix returned from the fair and after taking dinner, they went to sleep. On the same night at about 10. 00 p. m. , the prosecutrix Sandhya was washing utensils. At that time, the accused came near her and told her to come with him on the next day and further threatened that if she refuses, he would commit her murder.