R.K.DESHPANDE, MANISH PITALE
Jitendra – Appellant
Versus
State of Maharashtra – Respondent
Manish Pitale, J.
1. By this common judgment, four appeals filed by four accused persons are being disposed of. All the four accused persons have been convicted by the impugned judgment and order passed by the Court of Additional Sessions Judge, Bhandara in Special Criminal (Child) Case No.14 of 2015 for offences under Section 363 read with 34 of the Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment for years and to pay fine of Rs.500/- and under Section 376(D) read with Section 34 of the IPC, sentenced to suffer rigorous imprisonment for 20 years and to pay fine of Rs.1,000/-.
2. The prosecution case in brief is that on 16.02.2015, the complainant (hereinafter referred to as “the prosecutrix”) had gone to see Hangama Dance Programme at about 8.30 p.m. in the village when her friend one Atul Meshram phoned her and asked her to meet him. The prosecutrix asked the said Atul Meshram to come behind her house. The said Atul Meshram came on motorcycle after about 10 minutes along with two friends but he did not stop where the prosecutrix was waiting and went ahead. Thereupon, the prosecutrix called him on phone and he asked her to come near the river side. The
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