RAJASHEKHAR BONSODE @ BABU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by the original accused No. 1 against the judgment and order dated 26 th April, 2012 in Sessions Case No.469 of 2011, passed by Ad -hoc Additional Sessions Judge, Mumbai, thereby convicting appellant -accused No.1 for the offence punishable under Section 376 of IPC and sentencing him to suffer rigorous imprisonment for 7 years and to pay fine of Rs.20,000/ - in default to suffer rigorous imprisonment for six months. By the said judgment the accused No. 1 alongwith accused No.2 Vikas is further convicted for offence punishable under Section 67 read with 34 of the Information Technology Act, and sentenced to suffer them rigorous imprisonment 3 years and to pay fine of Rs.5,000/ -, each in default to suffer simple imprisonment for six months. They are also convicted for the offence punishable under Section 292 r/w 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 6 months. The substantive sentences of imprisonment were to run concurrently.

(2.) The facts, as are necessary, for deciding this appeal, may be stated as follows : -

(3.) The incident giving rise to this case took place on 18 th March, 2011. On that day, when she was proceeding for her work in the Customs Colony at about 10.30 a.m. appellant suddenly caught hold of her and covered her face. He took her to the room situated on the third floor of the Customs building and there he committed forcible sexual intercourse with her. He also recorded video shooting of the entire incident on his mobile phone and threatened her that if she discloses about the incident to anyone, he will show and circulate it to others.