POPAT KISAN RAHIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The aforesaid Appeals arising out of the Judgment and Order dtd. 19/01/2017, in Sessions Case No.142/2016, passed by the learned Additional Sessions Judge at Nashik. In the said case the Appellants (A-1 to A-4) were charged and tried for the offences of Ss. 376D and 34 of the Indian Penal Code ("IPC") and Sec. 4 the Protection of Children from Sexual Offences Act ("POCSO Act") and 34 IPC. In addition, A-4 was charged u/Secs. 511 and 506 IPC and Sec. 18 POCSO Act.

(2.) The trial Court held that all the accused were guilty of the gang rape. Hence, convicted them under said Sec. 376D and sentenced to suffer R.I. for 20 years each and to pay fine of Rs.5,000.00 each and in default of payment of fine, each of the accused to suffer further R.I. for 3 years. Additionally, they were convicted under Sec. 4 POCSO Act, but no separate sentence was imposed for it in view of Sec. 42 POCSO Act.

(3.) Heard Ms Karnik, the learned counsel for the Appellants, Mrs Shinde, the learned A.P.P. for the Respondent-State and Mr Warunjikar, learned appointed counsel for Respondent No.2. Perused the record.