BALAJI LAXMAN ITKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned Ad hoc Additional Sessions Judge, Osmanabad, in Sessions Case No. 4/2007. By the impugned judgment, both appellants have been convicted for offence punishable under Section 376 (2)(g) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay fine of Rs. 5,000 (Rs. Five thousand) each, in default, to suffer rigorous imprisonment for two years.

(2.) Background facts of the prosecution case may be briefly stated as follows:

(3.) A charge (Exh. 6) was framed against them. They pleaded 'not guilty' to the charge. Their defence was of simple denial. It was suggested, however, that there was love affair between the prosecutrix and appellant No. 2-Suresh. It was suggested that appellant No. 1-Balaji was the intermeddler, who used to help these lovers in exchanging their letters and arranging for their meetings. It is also suggested that in the relevant noon, the prosecutrix went to the dilapidated house of Gujare, on her own accord and as per the signals exchanged between her and the appellant No. 2-Suresh, so as to meet him clandestinely. According to the defence, appellant No. 2-Suresh and the prosecutrix were to marry but-the proposal was not approved by their parents and when her relatives saw them together at the dilapidated house of Gujare, a false report of alleged rape was given to the Police. Hence, both the appellants urged for acquittal from the charge.