THAMBI NASIR AND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT-THAMBI Nasir in Criminal Appeal No. 21 of 2000 (original accused No. 1), appellant-Mehboob Nadaf in Criminal Appeal No. 31 of 2000 (original accused No. 3), appellant-Babu Shaikh in Criminal Appeal No. 32 of 2000 (original accused No. 4), appellant-Rajesh son of Pandurang Chodankar in Criminal Appeal No. 34 of 2000 (original accused No. 5) and appellant-Pallani son of Kamya Swami in Criminal Appeal No. 38 of 2000 (original accused No. 2) stand convicted by the Sessions Judge, North Goa, Panaji, in Sessions Case No. 4 of 1997 by judgment dated 7/01/2000, for offences punishable under Ss. 395 and 376 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 2,000/-, in default to undergo simple imprisonment for 3 months and rigorous imprisonment for 10 years and to pay fine of Rs. 5,000/-, in default to undergo simple imprisonment for 6 months respectively. The appellants in these appeals have assailed their conviction. All the appeals are being decided by this common judgment.

(2.) THREE Swedish Nationals, holidaying in Goa and looking forward to mirth, merriment and frolic, had their sojourn in Goa cut short by a very traumatic incident which occurred on 6/03/1997 at Gumalwado, Vagator, Anjuna, within the jurisdiction of Calangute Police Station.

(3.) THE three Swedish Nationals, namely, P. W. 1 Christian Loets, P. W. 13 Linda Margurithe Hammarback and P. W. 14 Jennie Maria Hammarback, while returning to their respective places of residences at Vagator, were waylaid, as per the allegations of the prosecution, relieved of their belongings and P. W. 13 and 14 were then raped by the present appellants and the absconding accused.