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2018 Supreme(Bom) 317

R.K.DESHPANDE, M.G.GIRATKAR
Vinod Baku Jadhao – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants :Mir Nagman Ali, Advocate.
For the Respondent: M.J. Khan, Additional Public Prosecutor.

JUDGMENT :

M.G. Giratkar, J.

1. Appellants have assailed the judgment of conviction awarded by Special Judge, Wardha for the offence punishable under Section 376D of the Indian Penal Code, by which they are sentenced to suffer rigorous imprisonment for 20 years and to pay fine of Rs. 10,000/- in default to suffer rigorous imprisonment for two years.

2. The case of prosecution against appellants in short is as under.

(i) P.W. 1 victim, aged about 16 years was residing at her paternal aunt's house at Wardha. She was studying in 10th Standard. On 26-9-2014, at about 5.15 to 5.30 a.m., she had gone to pluck the flowers near Gode grounds. When she was plucking flowers, two persons came from behind. They caught hold her. One boy was wearing black colour shirt and blue colour pant and other boy was wearing yellow colour shirt. Appellant nos. 1 and 2 were the said persons. After catching hold of her, both appellants took her to a Gode ground. She tried to rescue herself. She shouted, but appellant Vinod gagged her mouth and pressed her throat. Both of them took her inside the Gode ground. She escaped from their clutches but she fell down. They again caught her. Both of them were saying that “H









































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