VASANT SUKHDEO SANDANSHIV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals are preferred by the original accused Nos. 1 and 2 respectively (hereinafter referred to as the accused Nos. 1 and 2) to challenge the order of conviction and sentence passed by the learned Additional Sessions Judge, Amalner on 19-11-1993 in Sessions Case No. 40 of 1990.

(2.) THE graveman of the charge levelled against these accused was that on the night between 18-10-1990 and 19-10-1990 they forcibly entered in the hut of P. W. 6 Kasubai and committed sexual inter-course not only with her but with her married daughter P. W. 1 Sangeeta, who had come there for Diwali festival.

(3.) THE accused No. 1 is convicted under section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and fine of Rs. 2000/- in default, rigorous imprisonment for one year in addition to further suffer rigorous imprisonment for one year under section 448 of the Indian Penal Code. The accused No. 2 is, however, sentenced under section 448 of the Indian Penal Code with rigorous imprisonment of one year but he came to be acquitted under section 376 of the Indian Penal Code.