The evidence of the prosecutrix in a rape case does not require corroboration and should be appreciated in the background of the entire case. The court must be sensitive and considerate in dealing with cases involving sexual assault.

JUDGMENT :

Milind N. Jadhav, J.

1. These are Appeals against convictions filed by original Accused questioning the Judgment dated 17.07.2015 passed by the Additional Sessions Judge, City Civil & Sessions Court, Greater Mumbai in Session’s Case No.287 of 2014, convicting both Appellants/Accused for offence punishable under Section 376(2) of the Indian Penal Code (for short “IPC”) and sentencing both of them to suffer imprisonment for life and payment of fine of Rs.5,000/- each and in default of payment of fine to undergo rigorous imprisonment for 2 months; Accused No.2 in addition stands convicted for offence punishable under Section 506(2) and sentenced to suffer 7 years rigorous imprisonment and pay fine of Rs.1,000/- and in default thereof to undergo further rigorous imprisonment for 15 days and both his sentences to run concurrently. Accused No.1 shall be referred to as “Mobin” and Accused No.2 shall be referred to as “Mohammed” for convenience.

2. Prosecution case is entirely based on the sole testimony of prosecutrix Ms.’X’, who has been examined as PW-1.

3. The gist of facts which emerge for consideration are as under:-

3.1. Prosecutrix was in love with Shiraj since she was studying in 7th standard in her village in Bihar. She befriended Siraj in her village where he used to visit intermittently. Parents of victim arranged her marriage with one, Ramesh Paswan on 02.06.2013. As per custom, after her marriage with Ramesh Paswan, for a period of one year prosecutrix resided in her paternal home as her “gauna” was to be culminated after one year of her marriage date only after which she would go to reside with her husband. Siraj and Ramesh Paswan, both worked in the same company in Bhiwandi, Maharashtra.

3.2. Prosecutrix and Siraj both decided to get married. On 20.11.2013, prosecutrix eloped from her paternal home in Bihar and came to Mumbai. Between 20.11.2013 and 25.11.2013 prosecutrix was put up by Siraj in Mobin’s home at Bhiwandi alongwith his family. On 25.11.2013, prosecutrix’s relatives arrived at Bhiwandi and took her back to Bihar.

3.3. Prosecutrix thereafter communicated with Siraj and he told her to come to Mumbai once again, hence she boarded the train. On 04.12.2013, she deboarded at Kalyan Railway Station, gave a phone call to Siraj, but since Siraj was on duty, he informed her that he was sending Mobin to receive her. Since prosecutrix had already stayed in Mobin’s house in November 2013 for five days and was acquainted with him, she had no reason to doubt or be suspicious. Mobin met her at Kalyan Railway Station and took her by train to a hotel, offered her food and thereafter took her to a building called Alexandra Building situated at Bellasis Road, Nagpada.

3.4. Prosecutrix was put up by Mobin in a small room when she sensed that it was an inappropriate and bad place. On 04.12.2013, at about 10:00 p.m. or 11:00 p.m., prosecutrix went to shut the door of the room but Mobin did not allow her to do so, thereafter at around 2:00 a.m. Mobin ravished her; though she resisted, he shut her mouth with his hand and threatened to kill her.

3.5. On morning of 05.12.2013, prosecutrix took her bath and was sitting in the room when Mohammed approached her and asked her where was her husband to which she replied that Mobin was not her husband, and she was to marry Siraj. Mohammed asked her whether she knew as to why she was brought to that place to which she replied in the negative. Mohammed told her that she was brought there for wrong work.

3.6. Prosecutrix made a phone call to Siraj from Mohammed's phone and informed him that she was kept in an inappropriate place, but she was unable to give the location as she herself was unaware of it. At that time, Mohammed snatched the mobile phone from the prosecutrix, closed the door of the room, removed a knife and threatened to kill her if she did not listen to him and thereafter ravished her. He then went out of the room. Prosecutrix was too dazed to understand what happened and was l