NARAYAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being dis-satisfied by the Judgment and Order of conviction dated 21st October, 2013 passed by the learned Additional Sessions Judge 2, Aurangabad in Sessions Case No.409 Of 2011, the appellants have preferred the present Criminal Appeal. The Court below convicted both the appellants for the offence punishable U/Section 376(g) read with 34 of the Indian Penal Code, 1860 [ In short, the I.P.Code ] and sentenced them to suffer rigorous imprisonment for ten [10] years and also directed to pay fine of Rs.10,000/- [ Rs.Ten Thousand only] each, and in default, to suffer rigorous imprisonment of nine [9] months. They were also convicted for the offence punishable U/Section 366(A) read with 34 of the I.P.Code and sentenced to suffer rigorous imprisonment for five [5] years and to pay fine of Rs.5000/- [ Rs. Five Thousand only ] each, and in default of payment of fine, to suffer rigorous imprisonment for six [6] months. The appellants were also convicted for the offence punishable U/Section 363 read with 34 of the I.P.Code and sentenced to suffer rigorous imprisonment for five [5] years and to pay fine of Rs.5,000/- [ Rs.Five Thousand only] each, and in default of payment of fine, to suffer rigorous imprisonment of six [6] months.

(2.) The prosecutrix, who was minor girl of 14 years filed First Information Report Exh.No.20 on 3rd July, 2011 with M.I.D.C., CIDCO Police Station, Aurangabad. The FIR shows that, at the relevant time, she was residing with her mother Jamilabee Shaikh Mohammad [P.W.No.5].

(3.) On 2nd July, 2011 in the morning hours, the prosecutrix had been to the school. She returned at 12/30 hrs. After returning to the home, with the permission of her mother, she proceeded towards her house at Shah Nagar. She was alone in the house. At 6 O'clock, in the evening time, appellant No.1 Narayan came there and insisted to open the door of the house; however, the prosecutrix did not oblige to the request of appellant No.1. About 1 1/2 hrs. thereafter when the prosecutrix had been to grocery shop of Thokale for purchasing some articles, appellant No.1 Narayan came there from her backside alongwith Appellant No.2 Rahim. They both took her forcibly near one brick-kiln. That time, she tried to raise shout, however her mouth was gagged and threat to cause her death was extended to her.