PRADEEP AMBADAS SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CONVICTION of accused No. 1, for an offence of rape, punishable under Section 376 of the Indian Penal Code, and a sentence of rigorous imprisonment for five years and a fine of Rs. 300/-, in default further rigorous imprisonment for one year, is impugned in the present appeal.

(2.) INITIALLY three accused were charged for an incident which is alleged to have taken place at about 2. 00 a. m. on the 8th of June, 1986 on an Ota opposite the house of one Jagannath Kanderao Chavan at Smner. At that time accused No. 1 is alleged to have taped P. W. 2 Sunita, who according to the prosecution was a minor below the age of 16. At the relevant time, accused Nos. 2 and 3 were with accused No. 1. They are alleged to have committed indecent assault on Sunita. Accused No. 1, thus, was charged under Section 376 and all the three accused were charged under Section 354 read with Section 34 of the Indian Penal Code.

(3.) BY the impugned ORDER and order accused Nos. 2 and 3 are acquitted whereas accused No. 1 is convicted as mentioned above.