UNDARYA NARAYAN DOKAPHODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellants challenge the judgment and order dated 29-3-1995 passed by the Assistant Sessions Judge, Thane, in Sessions Case No. 359 of 1988, whereby they have been convicted and sentenced to undergo 10 years R. I. and to pay a fine of Rs. 3000/- each, in default to undergo 4 months R. I. for the offence under section 376 (2) (g) of the Indian Penal Code.

(2.) IN short the prosecution case runs as under : the informant victim Bayobai Dabhade P. W. 3 is the wife of Mangal Dabhade P. W. 5. At the time of the incident she was residing in her field in a hut, with her husband and her six children. On 20th April 1998 at about 9 p. m. while she was in her hut situate in Bhoyachapada, Dist. Thane, Mangal Dabhade, her husband asked her to call her mother. While she was on her way to her mothers place the appellants caught hold of her. When she tried to raise cries the appellant Parashuram Ladakya Sambare kept his hand on her mouth and thwarted her endeavour to do so. Parashuram also threatened to kill her in case she raised cries. Thereafter both the appellants committed rape on her in the field of Katekar. When she escaped from their clutches she went to the house of her mother Gangubai. She did not inform her about the incident but returned with her to her hut. When she informed Mangal about the incident he slapped her and sent her away the next morning to her mothers house. Five days later Mangal asked her to prove that the appellants had raped her and threatened that if she failed to do so he would not keep her.

(3.) ON 26-4-1988 Bayobai went to the house of Pandharinath Patil, P. W. 4, Police Patil, and informed him that the appellants had raped her on 20-4-1988 at about 9 p. m. The same day Pandharinath Patil brought her to Bhiwandi Taluka Police Station, where her F. I. R. was recorded by P. S. I. Shantaram Ravale P. W. 6.