JAGANNATH BHAU DEOKATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal preferred by the accused-appellant against his conviction for offence under sections 376 and 451 IPC must be allowed for the obvious reason that the learned Additional Sessions Judge has accepted to a story which is glaringly improbable.

(2.) The appellant is convicted for entering the shed in which the prosecutrix Alka and her husband Pandurang were sleeping and for committing rape on the lady. The incident is described by Alka and her evidence is sought to be corroborated by the First Information Report lodged by her with Baramati Police Station on the next morning and also by the evidence of Alkas husband Pandurang. The learned Additional Sessions Judge has accepted Alkass evidence as trustworthy on the ground that her evidence has sufficient independent corroboration.

(3.) How absurd the prosecution story is can be better demonstrated by quoting what the lady has said about the incident. Alka has stated in her evidence as follows :---