JAYPRAKASH LAXMAN ABUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All the appeals are decided by a common judgment since they are arising out of the same Sessions Case bearing No. 228 of 2010. The appellants herein are original accused in Sessions Case No. 228 of 2010. The learned Additional Sessions Judge, Solapur by Judgment and Order dated 16th February, 2013 has been pleased to convict the accused (present appellants) for offences punishable under Section 366 of the Indian Penal Court and sentenced them to suffer R.I. for 2 years and to pay fine of Rs. 25,000/- each i.d. to suffer R.I. for one year. The accused/appellants are also convicted for offence punishable under Section 376 of the Indian Penal Code and sentenced to suffer R.I. for 7 years and to pay fine of Rs. 50,000/- each i.d. to suffer R.I. for 2 years. Being aggrieved by the Judgment, the appellants have filed these appeals.

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

(3.) P.W. 1 Sachin Gade has worked as panch for the spot panchanama. He has admitted in the cross-examination that he had signed as a panch on 3 documents between 12/1/2010 to 15/1/2010. He is the neighbour of the prosecutrix. He also happens to be her relative. He has further admitted in the cross-examination that the house of the accused Ravi Gaikwad is situated in a thickly populated area. Similarly, the houses of Jayprakash is also situated in thickly populated area. It is further admitted that at about 5 to 5.30 p.m. there used to be rush of person near Killa garden.