SURESH @ TATYA PARSHURAM POWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants in these appeals have impugned the judgment and order dtd. 5/3/2012 passed by the learned Additional Sessions Judge, Kolhapur in Sessions Case No.42 of 2009. The appellants/accused No. 1 and accused No. 2 are convicted for the offence punishable under sec. 376(2)(g) of Indian Penal Code 1983 (earlier Act) and sentenced to suffer rigorous imprisonment for seven years each and to pay fine of Rs.5,000.00 each I.d. to undergo simple imprisonment for 3 months. The appellant/accused No. 3 is convicted of the offence punishable under sec. 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 5 years and to pay fine of Rs.5,000.00 I.d. to undergo simple imprisonment for 3 months. Hence, these appeals.

(2.) Such of the facts necessary for the decision of these appeals are as follows :-

(3.) P.W.1 is the victim. According to her, on 15/11/2008 since she had a quarrel with her parents she left the house. Investigation was completed and charge sheet was filed. She has deposed as per her FIR and has proved the contents of the FIR. According to her, the accused no.3 had disclosed his name as Kishor @ Bapu Sathe and that he had a family to look after. Accused no.3 is alleged to have taken the victim near the Kodoli Canal at about 11.00 pm. When she was trying to escape from the clutches of accused no.3 she had sustained injury to her right leg. She was taken to a house which was occupied by a couple Swati and Suresh. She was forced to have sexual intercourse with accused no.3 under threat and coercion. On the very next day, she had escaped from the clutches of accused no.3, approached the police station and lodged a report. She was unable to state her date of birth before the Court. Her date of birth is 26 th September 1993 as per School Leaving Certificate.