LAWS(BOM)-2004-7-253

STATE OF MAHARASHTRA Vs. RADHU GOPALA PADWAL

Decided On July 01, 2004
STATE OF MAHARASHTRA Appellant
V/S
RADHU GOPALA PADWAL Respondents

JUDGEMENT

(1.) Heard Mr. A. M. Shringarpure, APP for the appellant - State and Mr. B. P. Abhale for the respondent Nos. 1 to 5 / Original Accused

(2.) This is an Appeal filed by the State against the acquittal of the accused for the offence under Section 376 (g) of Indian Penal Code i. e. , gang rape by the Additional Sessions Judge, Pune, vide Judgment dated 18.11.1988. The facts giving rise to the case of gang rape against the accused are as under

(3.) Jaishree was a victim of the gang rape. She, was wife of accused No. 1. Accused No. 2 was her father in law. accused No. 3 was his brother in law. accused No. 4 maternal uncle and accused No. 5 one of the neighbor of the aforesaid accused. About four years before the incident she was married with the accused No. 1 and after the marriage she started living with accused No. 1 at village Sakore. She was ill-treated by the accused. She was compelled to fetch Rs. 5. 000/= from her father. She was being insulted because she was black in complexion and was addressed as kali. She used to visit her parents and used to narrate the sorrowful story of her miserable life to them.