Point of Law: Sentence - Kidnapping and abduction - Sentence cannot be reduced as Manner of commission of offence was cruel.

JUDGMENT :

SARANG V.KOTWAL, J.

1. Both these appeals are decided by this common judgment because in both these appeals the same judgment and order of conviction is challenged. For the sake of convenience, the appellants are mentioned as accused and are referred by their names.

2. The appellant in Criminal Appeal No.310/2012 Subhash Bhosale was the accused No.1. Appellant No.1 Ranjeet Gade in Criminal Appeal No.184/2012 was the accused No.3 and appellant No.2 Ganesh Kamble in Criminal Appeal No.184/2012 was the accused No.2 in Sessions Case No.489/2010 on the file of the Additional Sessions Judge, Pune. Vide judgment and order dated 21.10.2011 passed in Sessions Case No.489/2010, the learned Additional Sessions Judge, Pune convicted and sentenced the appellants as follows :

i. All of them were convicted for commission of offence punishable under Section 120-B of the Indian Penal Code and they were sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-each; and in default, to suffer further R.I. for six months.

ii. All of them were convicted for commission of offence punishable under Section 342 read with Section 120-B of the Indian Penal Code and they were sentenced to suffer imprisonment for one year each and to pay fine of Rs.1,000/-each; and in default, to suffer further R.I. for one month.

iii. All of them were convicted for commission of offence punishable under Section 366 of IPC read with Section 120-B of the Indian Penal Code and they were sentenced to suffer R.I. for ten years and to pay fine of Rs.2,000/-each; and in default, to suffer further R.I. for three months.

iv. All of them were convicted for commission of offence punishable under Section 506(2) read with Section 120-B of the Indian Penal Code and they were sentenced to suffer R.I. for seven years and to pay fine of Rs.2,000/-each; and in default, to suffer further RI for three months.

v. All of them were convicted for commission of offence punishable under Section 376(2)(g) read with Section 120B of the Indian Penal Code and they were sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-each; and in default, to suffer further R.I. for six months.

vi. All the substantive sentences of imprisonment were directed to run concurrently.

3. The prosecution case, in brief, is as follows:

3.1 From 4:30 p.m. of 1.4.2010 till 12:45 a.m. in the midnight of 2.4.2010, the prosecutrix, who was examined as PW-1, was taken to various places from Mankar Square to Karat Pate Vasti, Wakad, Tech Mahindra Company, Hinjewadi and finally to a secluded place where all the three accused-appellants committed rape on her one after the other. After that she was left near her residence. In the meantime, the police were informed by the prosecutrix’s relatives who were searching for her. The police came to her house. She was taken for medical examination. Her statement was recorded and FIR was lodged vide C.R. No.87/2010 at Hinjewadi police station under various sections including section 376(2)(g) of the Indian Penal Code. The investigation was carried out. The accused Ganesh Kamble and Ranjeet Gade were arrested on 2.4.2010, accused Subhash Bhosale was arrested on 3.4.2010. The Indica Car in which the prosecutrix was taken to various places was seized from a place near the house of accused No.1 Subhash. Some blood stains and semen stains were found in the car. Panchnama was drawn. Chance finger print was found on the rear view mirror of the car which matched with the finger-print of Ganesh. The prosecutrix’s mobile phone was recovered from the house of accused No.1 at his instance. The weapon and articles used in the crime i.e. knife, beer bottles and food packets were recovered at the instance of accused No.1. The blood samples and semen samples were sent for chemical analysis. The report was received. In the meantime, the statements of various witnesses including mother, aunt and others were recorded. The statements of the friends of the prosecutrix’s brother wer