ANIL DHONDIBA RAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals are directed against judgment dated 21st May 1993 passed by the Addl. Sessions Judge, Pune, in Sessions Case No. 636 of 1991. By this judgment, the appellants, who shall be herein after referred to as the accused, have been held guilty of the offences under Section 376(2)(g) and 451 r/w 34 of Indian Penal Code. Accordingly, they have been convicted and sentenced to undergo imprisonment for three years and to pay fine of Rs. 500/- each, in default to undergo simple imprisonment for six months in respect of offence under section 376(2)(g) and further to undergo imprisonment for 6 months and to pay fine of Rs. 200/- each in default simple imprisonment for one month in respect of offence under Section 451 r/w. 34 of Indian Penal Code. The case of prosecution in brief is as under:

(2.) PW 1 was referred for medical examination and she was examined by PW 2 Dr. Ashok Kamble. The medical certificate is at Exhibit 27. PW 5 visited the scene of offence and conducted the scene of offence panchanama at Exhibit 14. The accused were arrested under arrest panchanama at Exhibit 32. The clothes of the accused and that of PW 1 were seized and were forwarded to CFSL for examination. PW 5 recorded the statements of the witnesses and on completion of the investigation; he filed the charge sheet against the accused before the Judicial Magistrate First Class, Pune.

(3.) On committal of the case, the learned Addl. Sessions Judge framed charge against the accused for offence under section 376(2)(g) and 451 r/w. 34 of Indian Penal Code. The accused pleaded not guilty to the charge and claimed to be tried. The prosecution in support of its case examined five witnesses. Statement of accused was recorded under Section 313 of Cr.P.C. Defence of the accused was of total denial. After considering the evidence on record and relying mainly on the testimony of prosecutrix and P.W. 3 Shevantabai, the learned Addl. Sessions Judge held the appellants guilty of the offence under Section 376(2)(g) and 451 r/w. 34 of Indian Penal Code and sentenced as aforesaid. Aggrieved by the conviction and sentence the appellants have preferred the Appeal No. 371 of 1993 whereas in Appeal No. 376 of 1993, the State has challenged the adequacy of the sentence.