SURESH GANPAT MUNDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants challenge the judgment and order dated 22-2-1995 passed by the Additional Sessions Judge, Pune, is Sessions Case No. 415 of 1994, whereby they have been convicted and sentenced in the manner stated hereinafter:

(2.) THE prosecution case in short as contained in the F. I. R. lodged by the prosecutrix Anita Jadhav P. W. 1 and in her statement in the trial Court is as under:the prosecutrix Anita Shivaji Jadhav P. W. 1 at the time of the incident was residing with her mother Gunabai P. W. 2, her younger brother Arjun and her mothers sister in Bhatnagar colony in Pimpri in Pune District. She knew the appellants since they resided in her neighbourhood. On 17-8-1994 at about 8 a. m. her mother Gunabai had gone for work. Thereafter, she left for her maternal uncles house in Chinchwad. While on way, to his house, near the field of one Patil, she met the four appellants namely Suresh Mundhe, Sunil Khandale, Balu Gaikwad and Sanjay Dongare. They told her" Come let us go to see Lohgad Fort". At first, she refused but, on their strong insistence, relented. She accompanied them to Pimpri Railway Station. All of them reached there at 10. a. m. From there, they boarded a local train and reached Malavali Railway Station at 11 a. m. From Malavali, they climbed the hill on foot and reached Lohgad Fort at 1 p. m. After reaching Lohgad Fort, the appellants led Anita to a tomb near an arch situated there and thereafter, the appellant Suresh caught hold of her hand and asked her to undress, and when she refused, threatened to kill her. Consequently, she removed her clothes. Thereafter, the appellants also removed their clothes. First appellant-Suresh raped her and thereafter, appellants Balu, Sanjay and Sunil committed rape on her. While raping her, they pressed her breasts inserted their penis in her vagina and made forcible movements therein and discharged their semen in her vagina. As they were four in number and had threatened to kill her, she did not resist them. While leaving, they threatened her" If you disclose our names to anybody, we will finish you". While leaving, one of them had left his blue jerken on the spot which she produced at the time of lodging of the F. I. R. Thereafter, Anita put on her clothes. While she was returning. She saw two policemen (one of whom has been examined as Bapu Gaikwad P. W. 4) informed them about the incident, and showed them the place where the appellants had raped her. Bapu Gaikwad and his associate (Constable Borkar) searched for the appellants in the surrounding area but, could not find them. Thereafter, all of them came to Malavali Railway Station walking. Thereafter they came to Lonavala Rural Police Station.

(3.) THE F. I. R. of the incident was lodged by Anita Jadhav, P. W. 1. The evidence of Constable Bapu Gaikwad P. W. 4 and A. P. I. Arjun Bhosale P. W. 7 shows that Anita came to Lonavla Rural Police Station on 17-8-1994 at 8. 30 p. m. Evidence of A. P. I. Bhosale also shows that after making inquires from her, he recorded her F. I. R. in writing and registered the offence at 11. 15 p. m. In para 2 of his examination- in-chief A. P. I. Bhosale has stated that the reason for the delay in registering the case was that Anita was talking very slowly and seemed to be mentally dull.