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In her complaint, victim’s mother mentioned that Harijan, who was known to the family as he resided in the neighbourhood in Mankhurd, came to her house at around 8 pm and said he wanted to play with the baby. He took the baby out of the house. When he did not return for a long time, the complainant went out to look for her and found her lying in the road next to some trucks. The baby was bleeding heavily and was rushed to Sion Hospital. The baby, who was in the hospital for 14 days, had to be operated upon after doctors failed to control her bleeding.
A case was registered with the Deonar police. Harijan was arrested immediately and was sent to jail. When the trial commenced before additional sessions judge Swapna Joshi, public prosecutor Usha Kiran Makasare examined seven witnesses to argue her case. While victim’s mother told the court that Harijan had taken the baby away, Makasare also relied on the testimony of a social worker who said that she had seen Harijan carrying the baby with him just before the incident.
Harijan was booked for rape against minor and unnatural intercourse. However, since no semen traces were found, the charge for rape could not be proved. However, the judge convicted Harijan under section 377 giving him the maximum punishment under the Act. Makasare said that there are very few cases that are registered under section 377 of the IPC and most of them have to do with sexual assault on infants.


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