RAJESH NAMDEO MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE four appellants/original accused Nos. 2 to 5 in three connected appeals and Suo Moto Application No. 1 of 1998, viz. (1) Rajesh Namdeo Mhatre, (2) Dilip Mahadeo Surve, (3) Ashok Prafulla Naik, and (4) Chandrakant Ganpat Patre, were convicted by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 860 of 1994. The appellants were originally charged and tried for the offences under sections 376 (2) (g), 341 read with section 34, section 506 r/w section 34 and section 366 r/w section 34 of the I. P. C. along with three other accused, viz. original accused Nos. 1, 6 and 7, who were acquitted of all the aforesaid offences. The appellants alleged to have committed rape on Suman Bhimrao Banpate during the intervening night of 22nd August, 1993 and 23rd August, 1993 between 12. 15 a. m. and 2. 30 a. m. on the terrace of the building at Koyana colony situate, within the jurisdiction of R. C. F. Police Station.

(2.) THE appellants were sentenced to undergo R. I. for seven years for the offence punishable under section 376 (2) (g) of the I. P. C. and to pay a fine of Rs. 500/- each, indefault to further undergo R. I. for one year and for the offence punishable under section 341 of the I. P. C. , they were sentenced to suffer 3 years R. I. The accused No. 4, in addition, was sentenced to suffer R. I. for three years and to pay a fine of Rs. 200/-, in default to further undergo one weeks R. I. for the offence under section 363 of the I. P. C. All sentences imposed against the appellants/accused were to run concurrently.

(3.) THIS Court, while admitting the appeals on 16th February, 1998, had issued a suo motu notice of enhancement to all the accused, probably, because the learned Additional Sessions Judge while imposing the sentence under section 376 (2) (g) of the I. P. C. imposed lesser punishment than 10 years without recording adequate and special reasons in the judgment, as required under the proviso to sub-section (2) of section 376 of the I. P. C.