GANESH PARSHURAM DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal takes exception to the judgment and order dated 09 th January 2019 passed by the Learned Additional Sessions Judge, Mangaon- Raigad in Sessions Case No. 33 of 2015 by which the Learned Sessions Judge has convicted the Appellants for the offence punishable under Sec. 376(D) of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for twenty years and to pay fine of Rs.50,000.00 each and in default to suffer rigorous imprisonment for two years.

(2.) It is the case of the prosecution that on the date of incident, which took place on 15/3/2015, the prosecutrix was returning home after a visit at the hospital in Pedali. While she was waiting for a vehicle at Pedali bus stand, the Appellants approached her in a white car and asked her to travel with them under the pretext that they were going to her village Waghoshi. The prosecutrix was aware that the Appellants were from her village and therefore boarded the said car. Appellant No.1 was driving the car, while Appellant No.2 was sitting on the rear seat next to the prosecutrix. It is alleged that Appellant No.2 began touching the prosecutrix inappropriately and committed forcible sexual intercourse with her against her will in a moving car. It is alleged that after sometime Appellant No.1 stopped the said car near Tivre bus stop. Appellant No.1 got down and sat on the rear seat next to the prosecutrix, while Appellant No.2 drove the said car. It is alleged that thereafter Appellant No.2 committed forcible sexual intercourse with the prosecutrix against her will.

(3.) I have heard Learned Counsel for the Appellants and Learned APP for the Respondent-State.