SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(Bom) 2192

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SADHANA S. JADHAV, J.
Jayprakash Laxman Abute
Vs.
State of Maharashtra
Criminal Appeal Nos. 206, 249, 261, 301 of 2013
Decided On: 25.10.2013

Advocates appeared:
Mr. NITIN PRADHAN a/w. Mr. G.D. INAMDAR, Ms. AMEETA KUTTIKRISHNAN, Ms. SUMAN PRASAD, Mr. V.V. PURWANT & Mr. P.G. SARDA, Advocates for Appellant.
Ms. P.P. SHINDE, APP for State.

Headnote:Criminal Procedure Code, 1973 - Section 223 - Indian Penal Code, Section 376 - Joint trial. - Where prosecutrix was raped by 4 different persons on different times at different places over a stretch of period therefore joint trial of accused not vitiated. - The prosecutrix has alleged that on the first occasion the accused No. 1 had abducted her and ravished her against her will but then she would not have submitted to his wish subsequent to the alleged first incident of rape. The prosecutrix was major at the time of incident and therefore, it cannot be said that it is a case of statutory rape. There is no plausible explanation offered by the prosecution as to why the prosecutrix had maintained silence although she was subjected to sexual abuse by four different persons, not known to each other. The conduct of the prosecutrix does not inspire confidence and therefore, the appellants would be entitled to benefit of doubt.

JUDGMENT

1. All the appeals are decided by a common judgment since they are arising out of the same Sessions Case bearing No. 228 of 2010.

2. The appellants herein are original accused in Sessions Case No. 228 of 2010. The learned Additional Sessions Judge, Solapur by Judgment and Order dated 16.2.2013 has been pleased to convict the accused (present appellants) for offences punishable under Section 366 of the Indian Penal Court and sentenced them to suffer R.I. for 2 years and to pay fine of Rs. 25,000/- each i.e. to suffer R.I. for one year. The accused/appellants are also convicted for offence punishable under Section 376 of the Indian Penal Code and sentenced to suffer R.I. for 7 years and to pay fine of Rs. 50,000/- each i.e. to suffer R.I. for 2 years. Being aggrieved by the Judgment, the appellants have filed these appeals.

3. Such of the facts which are necessary for the decision of these appeals are as follows:

(i) One Krushangali (hereinafter referred to as prosecutrix) was residing at Milind Nagar, Budhwar Peth, Solapur. Her father was handicapped and therefore she alongwith her mother worked as maid servant and maintained the family.

(ii) On 11.1.2010, the prosecutrix approached Fauzdar Chawadi police station, Solapur and lodged a report alleging therein that 4 months prior to the filing of the report, her parents had been to Mumbai for the medical treatment of her father. They had returned to Solapur 8 days prior to lodging of the report.

(iii) It is alleged that the grand-mother of the prosecutrix namely Kashibai was residing in Budhwar Peth. The prosecutrix used to visit her intermittently. The accused Shivmurti was also residing in Budhwar Peth. Whenever she went to meet her grand-mother, he used to ask her to accompany him. However, she did not pay any heed.

(iv) In the month of June, 2009 on one day at about 5 p.m. She had been to ration shop to purchase grocery for one Nirmala Shinde. At that time, accused Shivmurti carried her in auto-rickshaw to home maidan. According to her, she had raised alarm while she was being carried in auto-rickshaw, Shivmurti had gagged her mouth and therefore, her cries could not be heard by anybody. In a tin shed at Home Maidan the accused Shivmurti had ravished her. Thereafter, he had dropped her near Kali Masjid and had warned her not to tell about the incident to anybody.

(v) It is further alleged that 3 days thereafter at about 6 p.m. She had been to Vaibhav Krishi Kendra to purchase grocery articles. Accused Shivmurti again approached her, again forcibly took her in an auto-rickshaw to Sagar lodge. The accused Shivmurti had promised to marry her. In Sagar Lodge he again ravished her in a room. She had threatened him that she would inform her parents about the said incident and therefore, since then he did not approach her again.

(vi) She has further alleged that accused No.2 Jayprakash Abute also resides in Budhwar Peth. She was working as maid servant in his house. Jayprakash has a daughter and two sons. His children reside at Pune for the purpose of education. His wife intermittently used to go to Pune to meet her children. That four months prior to filing of the report, at about 2 to 2.30 p.m. she had been to the house of accused No.2 Jayprakash for carrying out the daily chores. The accused No.2 was alone at home. He carried her in his bed room and ravished her. She alleged that he had threatened her that in the eventuality she had disclosed the incident to anybody, he would remove her from the job. She alleged that whenever his wife went out of station, he had sexual intercourse with her against her will.

(vii) The prosecutrix has further alleged that the accused No.3 Ravi Gaikwad is also resident of Budhwar Peth. She was also working as maid servant in his house. She used to go to his house for work between 3 p.m. to 5 p.m. According to her on 7.1.2010 Ravi Gaikwad had called her for cleaning utensil and washing clothes and at that time committed forcible rape on her.

(viii) The


























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top