ABDUL GANI ABDUL GAFFAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Accused was charged for committing rape on a woman who was seven months' pregnant, under Section 376 (2) (e) of Indian Penal Code, and also under Section 456, Indian Penal Code, for house breaking in the night and has been convicted and sentenced.

(2.) The accused is said to have been waiting in front of rear gate of house of complainant, when she was the only adult in house, her children in house were infants. Mukesh, the son of complainant's neighbour, was also in the house.

(3.) According to the complainant, after the accused completed his misdeed, she kept weeping and crying till the morning. She then reported the matter to neighbours. ACCORDING to her, PW-2 Mukesh got awake and reported the crying of prosecutrix to his mother.