MAHENDRA HIRAMAN LAKHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted for the offences punishable under Sections 452 and 376 read with Section 511 of the Indian Penal Code. The appellant and the victim were found at the house of the victim (P.W. 2) by father of P.W. 2. The appellant escaped by removing tin sheet of roof. Father of P.W. 2 reported the matter to police stating inter alia that he had seen a thief coming out of roof of his house. The incident had occurred at village Satefal. The father of victim had gone to Hinganghat and he returned at about 12-00. On his return, as stated, he had seen the appellant running away from the roof of his house. On arrival of police, the victim was found unconscious. She was taken to police station and her statement was recorded. Her statement revealed that the appellant had committed rape on her. She was sent for medical examination. The appellant was arrested and he was also sent for medical examination. Clothes of the victim and the appellant were seized by the police and were sent to Forensic Science Laboratory. Statements of the witnesses were recorded and after completion of investigation, charge-sheet was filed in the court of Magistrate. When the case came up before the learned Additional Session Judge for hearing, he framed charge for the offence punishable under Section 376 of the Indian Penal Code and later on added one more charge for the offence punishable under Section 452 of the Indian Penal Code.

(2.) The respondent had examined seven witnesses in support of the charges levelled against the appellant. P.W. 2 is the prime witness in this case. She has stated that she was preparing to go to school at about 11-30 a.m. The appellant suddenly entered her house and took her to kitchen by dragging. He spread a bed on earth and attempted to commit rape on her. She, therefore, cried. Her grandmother saw the incident from the window and therefore, the appellant ran away. It is further stated by this witness that the appellant had, in fact, committed rape on her.

(3.) P.W. 3-Madhukar is father of P.W. 2. He knew the appellant. On the date of incident, he had gone to Hinganghat at about 7-00 a.m. and he returned at about 12-30 p.m. Door of his house was found closed from inside. He had seen the appellant coming out of tin roof of his house and jumping in the lane. He tried to catch hold of the appellant but could not succeed. He, therefore, reported the matter to police. Police immediately rushed to the spot and broke open the door. P.W. 2 was found unconscious. She was taken to police station and her statement was recorded after she regained consciousness.