(35) S.C.No.463/2009 (Judgment) strangulation and smothering with injury over external genitals. 63/­ Therefore, the aforesaid evidence of PW­1 to 10 who were not much cross examined except PW­7 Aniket Deshpande and PW­8 Damodhar Ghuge, coupled with the medical evidence, categorically proves the homicidal death of Mansi and also proves the robbery and theft committed by the culprit at the house of Mansi and Aniket Deshpande. So basically the rape on Mansi, her murder, the theft at the house etc are the facts which are being proved by the prosecution from the evidence of these witnesses and also with the help of the evidence of Dr. Mudalimath and Dr. Gadge and also with the evidence of .I.O Shri Borse. 64/­ Therefore, it is to be seen now, who actually did the said offence. The prosecution has come with a case that it was nobody but accused No.1 by name Jawed who entered into the house of Mansi with an intention to commit theft and while committing theft since Mansi had awakened, she protested the act of accused and therefore, later on he committed rape on her and then committed her murder by committing theft of mobile phone, gold ring, clothes of Aniket and cash of Rs.450/­. On the basis of remaining evidence it is to be considered whether really the accused