ARUN DHARMDAS KHOBRAGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals by two accused can be conveniently disposed off together since they arise out of the same judgment in the common Sessions trial.

(2.) Criminal Appeal No. 296 of 2006 is preferred by accused no. l Arun while criminal appeal No. 518 of 2006 is preferred by accused no. 2 Ashok. Both the accused have been convicted under Sections 376, 366, 341, 342 and 506 of the Indian Penal Code. They are sentenced to rigorous imprisonment for a period of ten years for having committed offence punishable under Section 376 of Indian Penal code, rigorous imprisonment for a period of ten years for having committed offence punishable under Section 366 of the Indian Penal code, rigorous imprisonment for a period of one month for having committed offence punishable under Section 341 of Indian Penal code, rigorous imprisonment for four months for having committed offence punishable under section 342 of the Indian Penal Code, rigorous imprisonment for six months for having committed offence punishable under Section 506 of the Indian Penal Code. The appellants shall hereinafter be referred to as accused nos. l and 2.

(3.) The complainant (prosecutrix) is married to one Moreshwar and is aged 25 years. On 10/7/2003 she had altercation with her husband. Around 8 O'clock in the night, she left the house angrily, and went to her uncle's house in the same village. She stayed there overnight. On the next day morning she left the house of her uncle around 7 a. m. and started going to her parent's village on foot. While she was so going, accused nos. 1 and 2 came from behind on a motor cycle and asked her where she was going. She told that she was going to her parents house at Khairanji. Accused no. l arun asked her to sit on her motor cycle and said that he would reach her. She refused. Accused no. l Arun caught hold of her hand, made her to sit on the motor cycle and took her to the house of one Amrut r/o. Lakhapur village. Wife of Amrut was present at home. Accused no. l Arun asked Amrut's wife to convince the complainant that accused Arun would reach her to parents house. The complainant refused. Then accused no. l Arun asked Amrut's wife to reach the complainant up to the road. She reached her on the road from her own house. Accused came on the main road behind her. Arun stopped the motor cycle, once again caught hold of both her hands and forcibly made her to sit on the motor cycle by twisting her hand. They took her up to river near village pindakapar. The river was in flood. They could not go ahead. The complainant offered to stay there until the water receded but the accused refused to leave her there. She was not allowed to get down from the motor cycle and they went on motor cycle to village Tangala. They gave a threat that if she shouts they would beat her. When they reached there, it was 8 or 9 O'clock in the night. One old man and a boy were in the house. Arun then went away leaving her there. Accused no. 2 Ashok stayed in the said house. He took her inside the house, closed the door, made her to fall on the cot and committed sexual intercourse with her. It is alleged that he has had sexual intercourse with the complainant thrice in the night. Next day morning, accused no. l Arun came there and ashok went away. It is alleged that accused arun once again forcibly caught hold of the hands of the complainant, made her to sit on the motor cycle and took her under a Mohwa tree which was 2 kms. away in the forest. This was at 9 O'clock in the morning. It is alleged that accused no. l Arun had forcible intercourse with her four times. At 5 O'clock, Arun took her to one house at village Akola. He told inmates of the house that the complainant was the younger brother's wife. The complainant, however, told that she is not his relative and she belongs to Gond caste. Since the wife of the owner of that house was from village khairanji, the complainant stayed there overnight. On the next day, i. e. on 13/7/2003 the owner of the house by name Gunderao reached her at husband's house at Fulzari at 11 o'clock in the morning. The complainant thereafter lodged the report in the Police Station on 14/7/2003.