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2005 Supreme(Bom) 1569

A.S.BAGGA
Sunil Vishnu Salve – Appellant
Versus
State of maharashtra – Respondent


( 1 ) BOTH these criminal appeals are directed against the judgment and order dated 31/10/1994, passed by learned Additional Session Judge, aurangabad in Session Case No. 14/1994, whereby the appellants (original accused nos. 1 and 2) have been convicted for the offence punishable under Section 376 of the india Penal Code and Section 376 read with section 109 of the India Penal Code respectively. Each of the accused has been sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 500/-, in default to suffer further rigorous imprisonment for six months for the offence punishable under Section 376 and for the offence punishable under Section 376 read with Section 109 of the India Penal Code respectively.

( 2 ) PROSECUTRIX, aged about 20 years, namely Vandana resided with her parents at Milindnagar, Aurangabad, Accused also a young boy of about 23 years, resided in the neighbourhood while accused No. 2, a married woman, resided in rented premises in front of the house of prosecutrix Vandana. It is stated that during the absence of the parents of Vandana, she was called by the original accused No. 2 in her house where the accused No. 1 was present. Accused No. 1







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