RAJENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both sides.

(2.) The present appellant was convicted by the learned IInd Additional Sessions Judge, Jalgaon vide judgment and order dated 24/05/2001 passed in Sessions Case No. 205 of 1997 for the offences punishable under section 376 r/w. section 34 of the Indian Penal Code. He was sentenced to suffer rigorous imprisonment for a period of three (3) years and also to pay a fine of Rs.500/. Hence, the present appeal.

(3.) The prosecution case in short, is as under: That on 12/07/1997, at midnight, near her house at Mehunbare, Taluka ? Chalisgaon, Dist. Dhule, PW6 ? 14 years old girl was subjected to forcible sexual intercourse by Bhima Balam Mang, the then child in conflict with law, who was also around of the same age. The present appellant is alleged to have helped the said accused Bhila as he caught hold the hands of the victim and dragged her for some distance and forced her to facilitate the rape. Bhila faced trial before the then Juvenile Court while the present appellant faced the present trial for the offences punishable under section 376 r/w. section 34 in the alternative under section 376 r/w. Section 109 of the Indian Penal Code in the Sessions Court.