HARISCHANDRA NARAYAN KHADAPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by the accused is directed against an order of conviction and sentence recorded by the Additional Sessions Judge, Ratnagiri, in Sessions Case No. 35 of 1980 decided on 13th October, 1980 in respect of offences under section 376 read with section 511 and section 450 of the Indian Penal Code.

(2.) The complainant in this case is a woman named Taramati wife of Atmaram Gurav P.W. 2 who is residing in a hamlet called Gurav-wadi of village Kondye, Taluka Deorukh, District Ratnagiri. She is residing in a house in Gurav-wadi along with her husband named Atmaram, three minor children and her father-in-law named Ratna. Atmaram i.e. the husband of the complainant is an agriculturist and is also working as a Kotwal under the accused whose name is Harischandra son of Narayan Khadape. Said Harischandra was working as Talathi at the same village Kondye at the time of incident.

(3.) According to the story of the prosecution, on 2nd of April, 1980 Atmaram Gurav had gone to Fungus at about 3.00 p.m. to meet the accused and he returned to his house at Kondye along with the accused at about 7.30 p.m. As it was dark, the accused decided to have his night halt in the house of Atmaram Gurav. As per the direction of her husband, Taramati served food to the accused on the Ota of her house and after the food, the accused was supplied with a bed for his night halt on the same Ota. Atmaram Gurav had some work with postman named Gopal Padaye and accordingly he left his house. The father of Atmaram Gurav had gone to the house of his daughter at village Aravali. The minor children of Taramati were sleeping in the kitchen and after the departure of her husband she was also sitting near her children in the kitchen. There was a rockel lamp in the kitchen and one such lamp was burning on the Ota of the house where the bed was provided to the accused. The prosecution alleged that the accused extinguished the lamp which was on the Ota and he entered into the kitchen and embraced Taramati. He removed his Chaddi on his person and also extinguished the rockel lamp which was in the kitchen and he made an attempt to remove Taramatis clothes. Although Taramati requested the accused to release her, he did not do so and he also tried to remove her saree away from her person and further tried to remove her blouse. This scuffle was going on for about a couple of minutes and when she found that the accused was not paying any heed to her request, she shouted for help. Some women in the neighbourhood named Sharadabai P.W. 4, Ahilya P.W 3 and others immediately came to the house of Taramati on hearing her shouts and Sharadabai had brought one lamp with her. They saw that the accused was naked below the waist and he was having only a banian on his person. All these women then separated the accused and dragged him out of the house. A rope was brought and with that rope the accused was tied down to the pole of the Pandal. By that time some 5 to 7 persons from Guravwadi had also collected near the house of Taramati. Amongst the persons collected at the house of Taramati, was one Chandrakant Vishnu Desai P.W. 5 who was the Up-Sarpanch of the Grampanchayat of the same village. They saw that the accused was in naked condition and after the arrival of the Police Patil the accused was released and was given his clothes including Chaddi. Police Patil recorded the statement of complainant Taramati and also drew panchanama of the condition of the accused.