SUNIL MARUTI PADVAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein are the original accused No.1 and 3 respectively in Sessions Case No.215 OF 2006. The appellant are convicted for the offence punishable under Section 376(2)(g) of the Indian Penal Code and sentenced to suffer R.I. for ten years and fine of Rs.3,000/- each in default further R.I. for one year They are also convicted for the offence punishable under Section 506 read with Section 34 of IPC and sentenced to R.I. for two years and fine of Rs.500/- each. The accused No.1 is also convicted for the offence punishable under Section 366-A of IPC and sentenced to suffer R.I. for 3 years and to pay fine of Rs.1,000/- in default to pay fine, to undergo further R.I. for 2 months by the learned Sessions Judge, Pune, vide judgment and order dated 19.7.2008.

(2.) Such of the facts necessary for the decision of this appeal are as follows :-

(3.) The supplementary statement of the prosecutrix was recorded on 24.11.2005 from which it had transpired that when she was detained in the office of Credit Society, accused Nos. 1 and 2 had left the scene to fetch food and had returned along with accused No.3. Test identification parade of all accused was held on 18.1.2006 in Yerwada Jail. The prosecutrix had identified all the accused. After completion of investigation, charge-sheet was filed on 24.2.2006. The case was committed to the Court of Sessions and was registered as Sessions Case No.215 of 2006. The prosecution examined 11 witnesses to bring home the guilt of the accused.