RAHUL PUNDALIK BIRAHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals arise out of an order of conviction and sentence passed by the III Additional Sessions Judge, Jalgaon on 9th August, 1995, in Sessions Case No. 71/1992, against the appellants for offence punishable under section 376 (2) (f) and (g) of the Indian Penal Code. The appellants were convicted and sentenced to rigorous imprisonment for seven years and to pay a fine of Rs. One thousand on cash count in default to suffer simple imprisonment for one year with a direction that both the sentences to run concurrently.

(2.) IT may be stated that both these appellants are represented through two different advocates and, therefore, these appeals are disposed of by this common judgment.

(3.) THE appellants were tried for the aforesaid offence on an allegation that on April 11, 1991 at about 11. 00 p. m. , they lifted one Shobha, aged below 12 years and took her in open space surrounded by Besarami shrubs away from the main road and committed sexual intercourse one after the another forcibly.