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1998 Supreme(Bom) 119

V.K.BARDE, D.D.SINHA
Baban s/o. Rakhmaji Bichkule and another – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - V.K. BARDE, J.:---Criminal Appeal No. 284/1995 is a jail appeal filed by the two convicts, Baban and Shaikh Sikandar. While, Criminal Appeal No. 288/1995 is filed by convict Shaikh Iliyas. These two appeals are arising out of the order of conviction and sentence passed by the Additional Sessions Judge, Parbhani, in Sessions Case No. 122/1993, for offence punishable under sections 376(2)(g), 448 read with section 34 and section 354 of Indian Penal Code. Hence, these two appeals are being disposed of by the common judgment.

2.The prosecution case is as follows :

(a) On 13-11-1992, at about 10-30 p.m., Radhabai was sleeping in her hut in Zopadpatti area at Parbhani. Her son of 10-12 years of age, Rama, was also sleeping in the hut. There was knock at the door and Radhabai opened the door. Iliyas was standing in the door and he demanded sexual intercourse with Radhabai. Immediately, Iliyas and two persons who were with him entered into the hut. They caught her. Radhabai was wearing saree. It was removed. She was made naked and was made to lie down on the cot. Radhabai was shouting. Her son, Rama, also started shouting.

(b) Then Iliyas asked one of his accomplice to catch hold







































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