ALI MOHD. SUBRATI KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These are Appeals against convictions filed by original Accused questioning the Judgment dtd. 17/7/2015 passed by the Additional Sessions Judge, City Civil & Sessions Court, Greater Mumbai in Session's Case No.287 of 2014, convicting both Appellants/ Accused for offence punishable under Sec. 376(2) of the Indian Penal Code (for short "IPC") and sentencing both of them to suffer imprisonment for life and payment of fine of Rs.5,000.00 each and in default of payment of fine to undergo rigorous imprisonment for 2 months; Accused No.2 in addition stands convicted for offence punishable under Sec. 506(2) and sentenced to suffer 7 years rigorous imprisonment and pay fine of Rs.1,000.00 and in default thereof to undergo further rigorous imprisonment for 15 days and both his sentences to run concurrently. Accused No.1 shall be referred to as "Mobin" and Accused No.2 shall be referred to as "Mohammed" for convenience.

(2.) Prosecution case is entirely based on the sole testimony of prosecutrix Ms.'X', who has been examined as PW-1.

(3.) The gist of facts which emerge for consideration are as under:-