RAJKUMAR RANGRAO BODULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Taking exception to their conviction for the offence punishable under Section 342 read with 34 and 376 (2)(g) read with 34 of the Penal Code and resultant sentence respectively of rigorous imprisonment for six months and four years and fine of Rs.500/- and 1000/- for the aforesaid offences, imposed upon them by learned IIIrd Additional Sessions Judge, Nagpur, accused in Sessions Trial No.444 of 1993 before the learned Judge have preferred this appeal.

(2.) The facts, in the context of which the appellants came to be prosecuted, are as under : The prosecutrix Shanta Chainlal Uikey, aged about 13 years, at the time of incident, had gone to ease at about 7,00 p.m. behind her house. Accused Nos. 1 and 2 suddenly came near her. Accused No. 1 Rajkumar gagged her mouth and took her to open space in dark Accused No. 1 Rajkumar removed his clothes. Accused No. 2 Lalit caught hold of the victim and Rajkumar first raped her. Thereafter accused No.2 Lalit also raped her. followed by accused No. 1 Rajkumar again. Accused prevented the victim from leaving the spot till about 10.00 p,m. and threatened her that she should not disclose the incident to anyone. Her neighbour Diwakar who came there and saw the incident, went to victim's house and informed her parents. Victim's parents took her to Police Station, Wadi where she lodged oral report whereupon an offence was registered.

(3.) In course of investigation police performed spot panchnama, caused statements of witnesses to be recorded, caused victim as well as accused to be medically examined, collected medico legal samples and caused them to be sent to Forensic Science Laboratory and on completion of investigation sent charge-sheet to the Court of Chief Judicial Magistrate, Nagpur, who committed the case to the Court of Sessions.