ASHOK BARKYA DALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Two accused have filed this appeal against order of their conviction passed by III Additional Sessions Judge, Thane in Sessions Case No. 387/87 for the offence punishable under section 376(2)(g) of the Indian Penal Code and sentencing them to suffer R.I. for 10 years and pay fine of Rs. 200/- I.D. 15 days R.I. as also for the offence punishable under Section 323 r/w 34 of the Indian Penal Code and sentenced to suffer R.I. for 3 months and pay fine of Rs.50/- I.D.7 days R.I. each.

(2.) Briefly stated the case of the prosecution was that one Vanshi wife of Ramji Kadu resident of Ambatpada, Tal. Dahanu, Dist. Thane attended marriage at the house of Shankar Ukhirde at the same village on 9.02.1987. Her husband had gone to another village. She attended the marriage at about 7 p.m. and left the place of marriage at about 8 p.m. for going to her house which was situated 300 ft away. It was case of the prosecution that when she was going back to her house near a mango tree, she was held by the accused from behind. The accused No. 1 Ashok gagged her mouth putting his hand on the mouth. Both of them laid her on the ground, removed her clothes and committed rape on her one after other. After the act was done, they ran away. During the incident, she sustained abrasion. After the accused ran away, she started crying. While she was crying, Gangubai (P.W.4) heard her cries and therefore went to the prosecutrix and tried to pacify. It was moon light night. Gangubai had seen both the accused running away. Gangubai took Vanshibai to her house.

(3.) It is alleged by the prosecution that Vanshibai's husband Ramji returned home after 8 days and thereafter the husband took her to the Police Station at Dahan and lodged complaint on 16.2.1987. ASI Jaisingh Vasantrao Chavan was then attached to Dahanu Police Station as a Probationer. PSI Arondekar who was attached to Dahanu Police Station had recorded complaint of the prosecutrix (P.W.1). PSI Arondekar has expired. PSI Chavan (P.W.5) had assisted PSI Arondekar in the investigation. He arrested both the accused and sent articles to the laboratory. During investigation, the prosecutrix was sent to the Medical Officer for examination. After investigation, charge-sheet came to be filed against the accused to the Court of J.M.F.C. Dahanu, who in turn committed the case to the Sessions Court, Thane.