BABA NARAYAN CHAMBARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) None for the appellants. The appellants are in custody since the date of conviction. This Court, therefore, appoints learned counsel Mr. T.U. Tathod to appear on behalf of the appellants in Criminal Appeal Nos. 436/2012 and 437/2012. The appellants have been convicted for the offences punishable under Sections 363 read with Section 34, 506 -II read with Section 34 and 376(2)(g) of the Indian Penal Code.

(2.) Complainant Smt. Nita Wasudeo Meshram aged about 40 years is resident of village Ghorad in Kalmeshwar tahsil of Nagpur district. Appellant in Criminal Appeal No. 436 of 2013 is resident of village Ghorad and appellant in Criminal Appeal No. 437 of 2012 is resident of Kalmeshwar. The complainant was working in the Company known as 'Issab India Limited' situated at M.I.D.C., Kalmeshwar. She had three children. A son aged about 18 years and daughters aged about 16 and 14 years, respectively. The incident had occurred on 23rd February, 2009. The complainant was returning from the job at about 6.30 p.m. It is alleged that the complainant was alone and was returning to her residential place by walk. The appellant in Criminal Appeal No. 437/2012 Raju Gotmare (hereinafter called as 'appellant No. 2') came behind her on a bicycle and forced her to sit on rear seat of the bicycle. In the meantime, the appellant in Criminal Appeal No. 436/2012 (Baba Chambare) (hereinafter referred to as 'appellant No. 1') came there and pelted stones on the complainant. It is alleged that both of them took her to a spot near a small river (nullah) and had forcible sexual intercourse with her one after another. They had assaulted her while committing sexual intercourse. It is alleged that she became unconscious during the course of intercourse and thereafter they took her near a well. There also the appellant No. 1 had sexual intercourse with the complainant. Appellant No. 2 had also attempted to rape the complainant but the complainant was tired. She was thereafter left near the school. She went home and started crying. Her children took her to Police Station where first information report was lodged.

(3.) After registration of the offence on the basis of the complaint made by the complainant, the police had visited the spot and spot panchnama was drawn. Broken bangles and other miscellaneous material was seized from the spot. The complainant was sent for medical examination. The appellants were arrested and they were also sent for medical examination. Clothes of the complainant were seized. Clothes of both the appellants were also seized and all the clothes were sent to Forensic Science Laboratory. After completion of investigation chargesheet was filed in the Court.