SUBHASH GOVINDA AMBHORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants have been convicted of the offence punishable under Section 376(2)(g) of the Indian Penal Code and have been sentenced to suffer rigorous imprisonment for ten years each and to pay a fine of Rs.500/ each. They are also convicted of the offence punishable under Section 354 read with Section 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for one year each and to pay a fine of Rs.500/ each. Appellant No.1 Subhash Ambhore has also been convicted for the offence punishable under Section 506 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.100/ . The victim of the offence of gang rape was P.W.1 Usha Lokhande and victim of the offence punishable under Section 354 of the Indian Penal Code was her friend P.W.2 Rekha Thakare. P.W.1 and P.W.2 both are residents of village Koldara, Tahsil Malegaon, District Washim. Both the appellants are also residents of the same village. As such the victims and the appellants were known to each other.

(2.) The incident in question had occurred during Ganpati Festival. There was a big festival in front of Samaj Mandir situated at village Koldara. On the date of incident i.e. on 12 9 2008 a Hindi movie was being screened on a big television screen. P.W.1 and P.W.2 both had gone to see the movie. They were enjoying festival at Samaj Mandir upto midnight. Suddenly there was discontinuation of electricity supply. P.W.1 and P.W.2, therefore, decided to return home. It is alleged that while P.W.1 and P.W.2 were returning home and were passing in front of house of one Shivram Shende, two juveniles in conflict with law namely Satish and Vinod gagged mouth of P.W.1 by means of handkerchief and lifted her. The appellants lifted P.W.2. Both the girls were taken to nearby cattle pond. P.W.2 anyhow could relieve herself from the clutches of the appellants and the juveniles in conflict with law and ran away. The appellants joined the juveniles in conflict with law Satish and Vinod. It is alleged that the juveniles in conflict with law and the appellants had forcible sexual intercourse with P.W.1 one after another in the cattle pond. It is also alleged that appellant No.1 Subhash was holding a knife and he had threatened P.W.1 that if she shouted, she would be killed. The incident lasted from midnight of 12 9 2008 till 2 00 a.m. of 13 9 2008. During the said period of two hours, P.W.1 was continuously weeping. She put on her clothes after the incident and went home. She did not disclose the incident to anybody. It is the case of prosecution that she did not disclose the incident to anybody because she was threatened by appellant No.1 that if she disclosed the incident to anybody, she would be killed. She felt pain in her abdomen on next day and therefore, started weeping. Thereafter she disclosed the incident to her mother. The parents and P.W.1 visited Police Patil and thereafter report was lodged at Malegaon Police Station. The First Information Report is at Exhibit 17.

(3.) During the course of investigation, P.W.1 was sent for medical examination. Panchanama of the spot was drawn. Statements of the witnesses including P.W.2 were recorded and after completion of investigation, charge sheet was filed in the Court of Magistrate. It was committed to the Court of Sessions. Charge was framed at Exhibit 4 against both the appellants. At this stage, it may be mentioned here that the juveniles in conflict with law must have been produced before the competent authority under Juvenile Justice Act.