VILAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Vide instant appeals, convicts for offence punishable under Sec. 376 (2)(g) r/w 34 of the Indian Penal Code [IPC] are hereby assailing the judgment and order dtd. 20/5/2002 passed by learned I Adhoc Additional Sessions Judge, Ambajogai in Session Case No. 73 of 2001, sentencing them to suffer rigorous imprisonment for 10 years and to pay fine. Convicts Vilas and Balaji have preferred Criminal Appeal No. 309 of 2002, whereas convict Sukhdeo has filed distinct appeal bearing Criminal Appeal No. 302 of 2002.

(2.) Parali Rural Police Station registered crime on report lodged by prosecutrix, alleging that she and her husband had shifted to Dadahari Wadgaon, Taluka Parali four months prior to the incident. On 10/7/2001, she had been to visit her sister at Peth Mohalla, Parali Vaijnath and had spent night there. Next day around 9.00 a.m. she left her sister's place to return back to her house i.e. on 11/7/2001. While she was walking over road leading to Loni, she came in the vicinity of a small stream. There, three persons intercepted her. She was forcibly dragged and taken towards the stream and on knife point, one after the other, all three accused raped her. Seeing a boy approaching, on hearing her shouts, these three persons left. She interacted with the boy who arrived there and she sought details of those three persons who had fled seeing him and he gave their names, i.e. of appellants, and also told about they to be residents of Dadahari Wadgaon. She directly went to the field where her husband was rendering labour work, reported him the incident and then she, her husband and land owner approached police where she lodged report, on the strength of which crime was registered.

(3.) PW10 SDPO Baburao Umap, who was entrusted with the investigation, arrested accused, drew spot panchanama, referred victim to medical examination, collected reports, seized clothes of both, victim as well as accused, so also caused seizure of knife at the instance of accused Sukhdeo by virtue of memorandum. After gathering sufficient evidence, they came to be chargesheeted and finally tried before learned I Adhoc Additional Sessions Judge, Ambajogai, who on conducting trial, held the charges proved and convicted appellants who are now questioning their said conviction by filing instant appeals.