PRAKASH BHARAT AWARE Vs. PRAKASH BHARAT AWARE

JUDGEMENT

(1.) Appellant No.1-Prakash Bharat Aware and Appellant No.2 Vaibhav @ Bhau Ankush Jadhav in Criminal Appeal No.853 of 2015 are original Accused Nos.1 and 2 respectively and Appellant Samadhan Mahadeo Pawar in Criminal Appeal No.1011 of 2015 is original Accused No.3 in Special Case No.28 of 2014. For the sake of brevity, the Appellants hereinafter will be referred to as per their original nomenclature before the Trial Court. i.e. 'Accused No.1', 'Accused No.2' and 'Accused No.3'.

(2.) Appellants have questioned correctness of Judgment and Order dtd. 25/7/2015 passed by the learned Special Judge, Barshi in Special Case No.28 of 2014 (Old Special Case No.40 of 2013), convicting the Appellants under Sec. 376D of the Indian Penal Code (for short, "the IPC") and is sentenced to suffer rigorous imprisonment for life, which mean imprisonment for remainder until natural life and to pay fine of Rs.10,000.00 each and under Sec. 3(2)(v) read with Sec. 6 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, "the SCST Act") and is sentenced to suffer imprisonment for life and to pay fine amount of Rs.5,000.00 each. Trial Court has also directed and prescribed in default sentence for non-payment of fine and has further directed both the sentences shall run concurrently.

(3.) Heard Mr. Agandsurve, learned Advocate appearing for the Appellants. Mr. Hulke learned APP for Respondent No.1-State. Perused entire record.