SIRAJ SHAHABUDDIN KHAN Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants in Criminal Appeal No.129 of 1994 are the original accused Nos. 1 and 3 in Sessions Case No.136 of 1984, whereas the appellant in Criminal Appeal No.159 of 1994 is the original accused No. 2. The appellants herein are convicted of the offence punishable under Sec. 376 read with Sec. 144 of Indian Penal Code and are sentenced to R.I. for a period of seven years and fine of Rs.1,000.00, in default further R.I. for three months by the Addl. Sessions Judge, Greater Bombay in Sessions Case No.136 of 1984 vide judgment and order dated 10.2.1994. Hence, this appeal.

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

(3.) On the basis of her report, Crime No. 50 of 1983 was registered at Dahisar Police Station. Investigation was completed and charge-sheet was filed. Case was committed to the Court of Sessions and registered as Sessions Case No. 136 of 1984. Prosecution examined as many as 12 witnesses to bring home the guilt of the accused.