RAMDAS MAHADEO SHRIRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants-accused were convicted by the Special judge at Achalpur in Special Case No. 11 of 1994 by the judgment and order dated 27th October, 1999 for the offences under sections 342, 376 (2) (a) and 376 (2) (g) r/w 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 2,000/- in default to undergo further rigorous imprisonment for six months. They have preferred this appeal challenging their conviction and sentence.

(2.) PROSECUTION against the appellants-accused and one Shriram Patil (since deceased), who was then incharge Police Sub-Inspector at Police Station, chikhaldara, arises out of wrongful confinement of prosecutrix Mumbai (P. W. 7) and commission of rape on her by them on the night intervening 17th and 18th August, 1991 in Police Outpost at Kathumbh and on the night between 18th and 19th August, 1991 in the premises of Police Station, Chikhaldara appellant Ramdas s/o Mahadeo Shrirao (appellant No. 1), appellant Suresh s/o. Namdeo Mahulkar (appellant No. 2) and appellant Ramdas Gadekar (appellant No. 5) were, at the relevant time, attached to Police Station, Chikhaldara working under P. S. I. Shriram Patil-appellant (since deceased ). Appellant tunebazkhan s/o. Darazkhan (appellant No. 3) was resident of Kathumbh and was well acquainted with the police staff attached to the Police Station, chikhaldara including Police H. C. Mohansing Thakur. One person named shaligram, who is resident of village Toranwadi. Tq. Chikhaldara, had dispute with Sukhdeo (P. W. 8), the husband of prosecutrix Mumbai, over an agricultural land and for that, Shaligram had lodged report at Police Station, chikhaldara. Police Head Constable Mohansing Thakur, accompanied by shaligram, in pursuance of the report filed at the Police Station by the later, visited the house of Munnibai to inquire with Sukhdeo. Having come to her place, Shaligram and Mohansing Thakur inquired with prosecutrix Munnibai as to where her husband was and when she told them that her husband had gone to the field, Shaligram said to Mohansing Thakur that Munnibai was getting talkative and that she should be silenced. Police H. C. Mohansing was, at that time, in drunken state. After having entered the house of Munnibai, he went near Munnibai and caught hold of her land and tried to grapple with her. Munnibai raised shouts and on gearing her shouts, her father-in-law tanu Darshimbhe (P. W. 1) rushed inside the house to rescue Munnibai. As mohansing resisted and was not prepared to leave the house, Tanu tied him with a rope in the house, while Shaligram ran away from the house. Shaligram went to Police Station, Chikhaldara reporting therein that Mohansing Thakur was confined in the house.

(3.) WITNESS Tanu, on that night, made efforts to see the Forest Officers to make report on wireless to the concerned Police Station about the outracious act of grappling and outraging modesty of his daughter-in-law Munnibai. But none helped him. As against that, Shaligram having informed police that mohansing Thakur was confined in the house, police came to his rescue and thus, he was released from the house. He then went to the Police Station and lodged the report and the offence was registered against the prosecutrix munnibai, Tanu, Sukhdeo and Shamli (P. W. 2), the mother-in-law of Munnibai and the Police Officers including P. S. I. Patil, on the next day evening, visited the house of Munnibai. The other Police Officers who accompanied P. S. I. Patil were Police Constables Ramdas (appellant No. 1), Police Constable Suresh mahulkar (appellant No. 2) and Police Constable Ramchandra Gadekar (appellant No. 4 ). Appellant No. 3 not clear Tunebazkhan had also accompanied them to the house of Munnibai. As soon as police party ended by P. S. I. Patil reached the house of Munnibai, Shamli-mother -in-law of Munnibai, sensing fear of apprehension by the police, ran away taking with her one year old sucking child of Munnibai. Victim Munnibai alone was in the house and the police Officers barged into the house and caught hold of Munnibai literally by litting her in the jeep and brought to police outpost, Kathumbh without paying heed to her request to release her to find out her sucking child. The Police officer did not budge. One of the officers is alleged to have slapped her. It is alleged that after she was locked in one of the rooms of police outpost Kathumbh at that night, the police one by one committed rape on her. The appellant tunebazkhan was threatening her to keep quiet when other police were having were sexual intercourse with her against her consent.