DEEPAK BABULAL DHURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the learned Sessions Judge, Amravati in Sessions Case No. 136/08 dated 21.1.2010 thereby convicting all the appellants for the offence punishable under Section 376(2)(g) of the Indian Penal Code and sentencing them to suffer R.I. for life and to pay a fine of Rs. 3000/- and in default to suffer further R.I. for two years and further sentencing accused No. 6 Shankar for the offence punishable under Section 376 of the Indian Penal Code and sentencing him to suffer R.I. for ten years and to pay a fine of Rs. 3000/- and in default, to suffer further R.I. for two years and sentencing accused Nos. 1 Deepak, No. 2 Lokesh, No. 3 Rajesh & No. 6 Shankar for committing offence punishable under Section 506(ii) read with Section 34 of Indian Penal Code and sentencing them to suffer R.I. for six months and to pay a fine of Rs. 2000/- and in default to suffer further R.I. for six months, the appellants have approached this Court. The facts, in brief, giving rise to the prosecution case are as under:-

(2.) The prosecutrix used to go to Warud for purchasing household articles, etc. On 10.11.2007 she had left her home at 3.30 p.m. and had gone to Warud for purchasing the articles. She had come to Warud from home in an autorickshaw. When she alighted at Indira chowk, the accused No. 1 Deepak met her and enquired with her as to where she was going. The prosecutrix replied that she had come there to purchase articles. The accused No. 1 insisted that he would accompany her for shopping. However, she told him not to accompany her. Yet he accompanied her to Kedar Chowk. When the prosecutrix went to PCO to make a telephonic call to her sister, the accused No. 1 came there, he snatched her money purse and tore off the paper on which telephone number of her sister was written. Thereafter she started proceeding towards her house on foot. The accused No. 6 Shankar told her that he would drop her at her home. Ramkisan Uike was also present there. Accused No. 6 Shankar and Ramkisan had a talk. She could not hear the conversation between accused No. 6 Shankar and Ramkisan as they were speaking at some distance. She sat on bicycle of accused No. 6 Shankar. Ramkisan went ahead. Accused No. 6 Shankar took the cycle near the railway bridge. She enquired with him as to where he was taking her. She states that she jumped off the cycle and raised alarm but nobody came there. In the meantime, Ramkisan Uike had also come near the Railway bridge and a motorcycle also came. The accused No. 1 Deepak, accused No. 2 Lokesh and accused No. 3 Rajesh had come on the said motorcycle. Accused No. 1 Deepak caught hold of her hands and took her to a nearby place. The accused No. 1 Deepak threatened her that if she raises alarm, she would be killed. Accused No. 1 Deepak, No. 2 Lokesh, and No. 3 Rajesh made her He on the ground. The accused No. 1 Deepak undressed her Salwar. Accused No. 1 Deepak, No. 2 Lokesh, and No. 3 Rajesh had sexual intercourse with her. Accused No. 3 Rajesh and accused No. 2 Lokesh left the spot on the said motorcycle. Thereafter the accused No. 1 Deepak, accused No. 6 Shankar and Ramkisan took her to an orange orchard which was located at upper level. Accused No. 1 Deepak and Ramkisan Uike stayed there. Accused No. 6 Shankar went to his home and brought a blanket. Accused No. 4 Devidas and accused No. 5 Sunil also came there. Accused No. 4 Devidas and accused No. 5 Sunil had accompanied the accused No. 6 Shankar. The said accused had sexual intercourse with her till 12.30 to 1 midnight. Accused No. 1 Deepak, No. 4 Devidas, No. 5 Sunil and Ramkisan thereafter left the spot. Accused No. 6 Shankar stayed with her and had sexual intercourse with her for 3 to 4 times. She was left with no energy left in the body. At the dawn, accused No. 6 Shankar also left the spot. She was not wearing Salwar at that time. She was sitting near the well and at around 6 a.m. to 6.30 a.m. a person, namely, Mr. Suresh Nehare was passing at that time. At that time, she was not wearing any clothes on her lower body. Mr. Suresh Nehare enquired as to why she was sitting there. She narrated the incident to him. The said Suresh Nehare brought a Salwar from a girl and gave it to her. He took her to his home and thereafter sent his son to her home. Thereafter, her mother, brother and brother-in-law came to the house of Suresh Nehare. She narrated the incident to them. Thereafter, victim herself, her mother, brother, brother-in-law and Mr. Suresh Nehare went to Warud Police Station. The police made enquiries with her and the report came to be recorded at around 3 to 3.30 p.m.

(3.) On the basis of the report lodged by the prosecutrix, a crime came to be registered. The investigation was carried out by Investigating Officer. The medical examinations of the accused and the prosecutrix was done. Various articles were seized. At the conclusion of the investigation, the charge-sheet came to be filed in the Court of learned J.M.F.C.. Warud. Since the case was exclusively triable by the Court of Sessions, the case came to be committed to the learned Sessions Judge, Amravati. At the conclusion of the trial, the learned trial Judge recorded the finding of conviction and sentence as aforesaid. Being aggrieved by the same, the present appeals have been filed.