AVINASH ANANDA BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants - original accused have challenged the judgment and order of conviction and sentence recorded by the learned III Additional Sessions Judge, Satara dated 1-3-1995 in Sessions Case No. 197/94.

(2.) WHILE taking us through the evidence and judgment under challenge, the appellants accused were placed for trial before the learned Additional Sessions Judge as the appellants accused have committed gang-rape on the complainant Ranjana Yuvraj Devgude aged 19 years on 28-6-1994 between 10.30 p. m. to 11.30 p. m. in Akashwani hutment area at Satara and the accused were charged for the offence punishable under Section 376 (2) (g) read with section-34 I. P. C. and they were further charged that their common intention was to cause hurt to witnesses Kisan Sambhu Giri and Bhairu Shrikisan Chaudhari and thereby committed offence under section - 323 read with 34 I. P. C. and further the accused have committed criminal intimidation by threatening the witnesses Kisan and Bhairu and cause their death and thereby committed offence under section 506 read with section 34 I. P. C.

(3.) SMT. Mohite-Dere appearing for the appellants - original accused Nos. 1, 2, 4 and 5 and Shri Shetye appearing for the appellant original accused no. 3 has, after taking us through the evidence and the judgment under challenge have fairly conceded that in view of the findings recorded by the learned trial Judge by accepting the prosecution case, they only pray that looking to the young age of the accused, the sentence imposed on the appellant accused be reduced and accordingly requested that while deciding this appeal, they are not challenging the order of conviction and the court may only consider reduction of the sentence imposed by the trial court and the sentence undergone by the accused be awarded to each of the accused and the appeal be accordingly disposed of.