VISHNU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This group of three appeals is being decided by this common judgment since the challenge therein is to the judgment and order of conviction and consequential sentence, dtd. 5/5/2018, passed by learned Special Judge, Osmanabad in Special (POCSO) Case No.02/2016. The details of the offences for which the appellants have been convicted and consequential sentence are given below. <FRM>JUDGEMENT_81_LAWS(BOM)2_2024_1.html</FRM>

(2.) The appellants are numbered serially as per their numbers in the Charge (Exh.15) framed by the Trial Court.

(3.) P.W.1 (victim) was resident of village Bembli, Taluka and District Osmanabad. The appellants were also residents of the very village. They used to tease the victim whenever she used to go to common water tank to fetch water. The victim went to agricultural field of one Pandu Mama to answer nature's call by 7. 00 in the evening of 26/12/2015. Balaji @ Balya (A/3) caught hold of her hand, covered her mouth and fell her on the ground. A/ 4 stood on the road as a guard. Dhananjay @ Dhanya (A/2) and Vishnu @ Tukya (A/1) undressed the victim. All the appellants except Dadasaheb @ Dadya (A/4) too undressed themselves. They committed rape of the victim by turn. A/2 put his private part in the mouth of the victim. The victim was let go by 12.00 midnight. She stayed overnight at her neighbour, Vimal Aunt. She went her residence following morning and related her grandparents the incident. Grandfather accompanied her to Police Station. She lodged First Information Report.