SALIM NOORHASAN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Since both the aforesaid appeals arise out of the same Judgment and Order dated 8th November 2017, they are being disposed of by a common Judgment.

(2.) Vide Judgment and Order dated 8th November 2017, passed by the learned Additional Sessions Judge, Greater Mumbai, in Sessions Case No.415 of 2015, the aforesaid two appellants alongwith another co-accused - Panchu Ganesh Dhaki have been convicted and sentenced, as under:-

(3.) It is the prosecution case that the incident took place on 2 nd February 2015 at about 11:00 p.m. within the jurisdiction of Kalachowky Police Station. It is alleged by the prosecution, that the prosecutrix (PW 7) , an intellectually challenged girl, aged about 21 years, had gone to one Dargah at Reay Road on 2nd February 2015 at about 3:30 p.m.; that at around 10:30 p.m. she left the Dargah and was waiting at Reay Road Railway Station for boarding the Andheri local train, when the appellant Salim approached her, offered her tea and assured to leave her home. Appellant - Salim is alleged to have been accompanied by his two friends, appellant - Rahul and co-accused - Panchu Dhaki. It is alleged that on reaching the Cotton Green Railway Station, the prosecutrix/complainant (PW 7) and the 3 accused got down to have tea. It is alleged that the accused took PW 7 near a parking area, at Cotton Green, where trucks were parked. It is alleged that appellant - Salim asked PW 7 to board a truck, after which he sexually assaulted her. Thereafter, the other 2 accused are also alleged to have sexually assaulted PW 7. The police who were on patrolling duty, saw the 3 accused and the prosecutrix (PW 7) standing behind the truck, pursuant to which all the 3 accused and the prosecutrix (PW 7) were taken to the police station for enquiry. The paternal aunt of the prosecutrix (PW 7) was also called to the police station. The prosecutrix (PW 7) is alleged to have disclosed that she was sexually assaulted by the accused. The statement of the prosecutrix was recorded on 3 rd February 2015, pursuant to which, C.R. No.36 of 2015 was registered with the Kalachowky Police Station, as against the accused alleging offences punishable under Sections 363, 366, 376D, 506 r/w 34 of the Indian Penal Code.