STATE OF MAHARASHTRA Vs. HIRAMAN PUNJA VIDHATE

JUDGEMENT

(1.) THE accused in this case is a young man. He was convicted by the learned Assistant Sessions Judge at Nasik for an offence under section 376 of the Indian Penal Code for rape on a young girl of four years of age but was acquitted by the learned Additional Sessions Judge at Nasik in Appeal.

(2.) THE facts as they emerge from the evidence of Indubai the mother of the girl, are few and we as follows: Her husband, Sukhdeo is a motor driver in the State Transport Corporation and at the relevant time in January 1963, he was posted at Nasik. While she and her child lived at Pimpalgaon. Her husband used to come to the village every week. The accused lived with his brothers Vithoba and Balkrishna one house away from her house. Vithoba had two your daughters and therefore whenever Indubai had to go for any work, she used to leave her daughter Suman at the house of Vithoba.

(3.) THE incident occurred next day after the Sankrant, Her husband left on that day for Nasik at about 8 O'clock in the morning. She then went to the river for washing clothes, keeping Suman in the house of Vithoba. She returned within a short time and after putting the cloths to dry, she came out and saw her child answering call of nature and as soon as she saw her, Suman started weeping. She found her private parts injured and bleeding. She asked her what had happened and she learnt from her that the accused has caused the injury to her. She then contacted Vithoba who pleaded that she should forgive what had happened. She then went to her neighbour Shantabai who advised her to contact her husband. She accordingly went to Nasik and contacted Sukhdeo her husband. When she informed him about the incident he decided to lodge a complaint with the police. They therefore came to Pimpalgaon and lodged the present complaint on which immediate investigation was commenced.