PURANLAL SAKARU DHURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals arise out the judgment and order dtd. 26/8/2021, passed by the learned Additional Sessions Judge-1, Achalpur, whereby the learned Judge convicted the appellants for the offences punishable under Ss. 452, 324, 366 and 376(D) read with Sec. 34 of the Indian Penal Code, 1860 (for short, "IPC"), and sentenced them to suffer rigorous imprisonment for five years and to pay a fine of Rs.1,000.00 each and in default to suffer rigorous imprisonment for two months for the offence punishable under Sec. 452 r/w Sec. 34 of the IPC; rigorous imprisonment for one year and to pay a fine of Rs.1,000.00 each and in default to suffer rigorous imprisonment for two months for the offence punishable under Sec. 324 r/w Sec. 34 of the IPC; rigorous imprisonment for seven years and to pay a fine of Rs.2,000.00 each and in default to suffer rigorous imprisonment for six months for the offence punishable under Sec. 366 r/w Sec. 34 of the IPC; and rigorous imprisonment for twenty years and to pay a fine of Rs.10,000.00 each and in default to suffer rigorous imprisonment for one year for the offence punishable under Sec. 376(D) r/w Sec. 34 of the IPC. The appellant in Criminal Appeal No.155/2022 is the original accused No.2, and the appellant in Criminal Appeal No.352/2022 is the original accused No.1.

(2.) BACKGROUND FACTS:

(3.) It is further case of the prosecution that the appellants forcefully brought the informant and her husband out of the house. They put a sickle on the neck of the husband of the informant. The short person caught hold the hands of the informant. They threatened to kill her husband if she refused to sleep with them. It is stated that, at this very moment, the husband gave jerk and ran away from the spot. The appellants, taking advantage of this situation, committed forceful sexual intercourse with her against her wish one by one. During this unfortunate incident, she shouted for help. The appellants gagged her mouth.