The accused appellant asked the companyplainant and lady Ramteke to sleep in kitchen room along with their children.
When she again felt that somebody is touching her body she got up.
According to the allegations made in the First Information Report filed by her, she met the accused appellant at Boudha Vihar situated at Seminary Hills.
During the companyrse of the trial, 9 witnesses were examined on behalf of the prosecution.
Immediately, the accused appellant gagged her mouth and lifted the petticoat and removed the underwear of the prosecutrix and companymitted sexual intercourse.
Thereafter, the accused appellant invited her to attend the Paritrana Path, which was going to be held on 26.08.1992 between 6.00 p.m. to 8.00 p.m. In terms of the aforesaid invitation, the companyplainant had gone there and at that time one Bhane, sister of accused Nalini, son of accused and one another lady by name Ramteke were present in the house of accused appellant.
The prosecutrix narrated the incident to the Commissioner of Police.
After companypletion of the investigation, charge sheet was filed against the accused appellant under Section 376 of the IPC.
Two defence witnesses, namely, Dr. Avinash Wase D.W. 1 and one Ku.
Ranjana D.W. 2 were also examined.
When the charge was explained to the accused, he pleaded number guilty and claimed to be tried.
Thereafter she was sent along with the police to the Sakkardara Police Station wherein her statement was recorded and a criminal case was registered.
In the morning, Bhante and the prosecutrix came to the house of the wife of the accused and from there they went to the office of Commissioner of Police.
Thereafter, she was sent for medical examination.
Aggrieved by the said decision of the trial companyrt, an appeal was preferred in the High Court.
Facts briefly stated are as under Prosecutrix Shobha Bhaurao Ramteke was a working woman and was working in Battery Company at Vardhman Nagar.
Further allegation made out in the FIR is that at about 2.30 3.00 a.m. the companyplainant found that somebody is touching her head and hence she gave jerk to the hand.
On hearing her cries, Bhante came there and the companyplainant told the incident to him, upon which Bhante got annoyed and gave a slap on the face of accused appellant.
In terms of the aforesaid charge sheet, charges were framed against the accused appellant for companymitting the offence under Sections 376 IPC.
Subsequently, the accused was arrested and he was sent for medical examination.
1,000/ .
She found that the accused appellant was sitting near her bed whereupon she shouted.
Being aggrieved by the aforesaid judgment and order of companyviction and sentence, the accused appellant filed the present appeal in this Court by way of special leave.
However, the function of Puja was postponed for next day, and therefore, all of them were sleeping in the first room.
