RAMMURTI BAPURAO BOMINWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants were chargesheeted and prosecuted for commission of offence punishable under section 376(2)(g) of the Indian Penal Code (in short "I.P.C.") for having committed rape upon prosecutrix on 27.1.2004 at about 00.20 hours. By judgment and order dated 11.9.2008 in Sessions Trial No. 11/2004, the learned SpecialJudge, Pandharakwada Dist. Yavatmal, found them guilty and imposed punishment for offence of rape awarding jail sentences for ten years each and fine in the sum of Rs. 1000/, in default, to undergo further imprisonment for three months to each of the appellants for offences of house trespass, punishable under section 450, for period of three years and fine in the sum of Rs. 1000/ each, and further imprisonment of three months.

(2.) The said judgment and order is under challenge by means of these appeals.

(3.) The prosecution case briefly stated is : On 27.1.2004 at about 8.00 p.m. the pros ecutrixSujata took her meals was alone in house at Akoli (Khurd), Taluqa Kelapur; while her husband Kapil had gone to Nagpur. At about 12.00 midnight, as she heard a knock on the door she got up and saw accused coming from outside the door. Accused Ramamurti, Praful and Sheikh Javed Sk.Kurban R/o Akoli were playing carrom in the locality and, therefore, were known to the prosecutrix. They had asked prosecutrix to open the door and also asked whether Kapil (husband of prosecutrix) was in the house. Prosecutrix told them that her husband was not in the home and she would not open the door. Preosecutrix went again to sleep on the cot. After about 20 minutes, those three accused persons had trespassed in the house form the rooftop removing the Mangalore tiles on the house. Accused Praful Padelwar woke her up by his hand and by another hand pressed her mouth so that she should not raise shouts; while accused Sk. Javed opened buttons of her blouse. Ramamurti caught her hands and legs. They did not allow the prosecutrix to move or raise shouts. Sk. Javed removed her saree, lifted her petticoat and removed her nicker. He forcibly pressed her breasts and committed sexual intercourse.