RAGHUNATH RAMNATH ZOLEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WE have heard all these appeals at length. Perused the record. All appeals are being decided by this common judgment.

(2.) FIRST Information Report was registered, taking statement of prosecutrix as the foundation. In all 23 accused were named in commission of the various acts. After investigation, the charge sheet was filed. All accused including one absconding accused Ram Salve were charged for their collective act of conspiracy, abetment etc. in kidnapping the prosecutrix, a minor girl who was below 16 years of age for procuring and using her for prostitution and committing on her gang rape and related offences. All accused were charged for commission of offences under Sections 366A, 376, 376(2)(g) read with Sections 109, 114 and Section 34 of the Indian Penal Code and for offence under Sections 3, 4, 5 and 7 of Immoral Trafic (Prevention) Act, 1956 (PITA for short).

(3.) CASE of prosecution, in brief, is as follows: The prosecutrix lodged complaint that she was studying in Markandeya Vidyalaya, Gandhi Maidan, Ahmednagar. According to the prosecutrix , her date of birth is 29.5.1991. According to her, accused No.1 Sheelargal, accused No.20 Vilas Karale and absconding accused Ram Salve induced her by telling her that she would get lot of money if she does the work of sleeping with other persons and doing sexual intercourse with persons and accordingly, compelled her to have sexual intercourse with several persons. In the beginning, she refused; but ultimately she succumbed to inducement and pressure and later on, she was compelled to do such acts repeatedly at different places by threatening her that in the event of her refusal, her photographs will be published in the newspapers and she would be defamed. According to the proescurtrix, she was required to have sexual intercourse with accused No.2 Hardik Jaggad, accused No.4 Akash Rathi, accused No.5 Tukaram Misal, accused No.6lkishan Goel, accused No.7 Ramesh @ Ramakant rkase, accused No.8 Ajay Kate, accused No.9 Harjeetsingh Rajpal, accused No.10 Aba @ Dnyandev Gondkar, accused No.11 Ramrao Dengale, accused No.12 Abdul Haq Fakir Mohammad Kureshi, accused No.13 Chetan Bhalgat, accused No.14 Rajendra Thorat, accused No.15 Ravindra Thorat, accused No.16 Ramakant Dengale, accused No.17 Pappu @ Aatmaram Dengale, accused No.18 Ashok Kasar, accused No.19 Ruchin Mehta, accused No.21 Raghunath Zolekar and accused No.22 Vasant Pawara.