The testimony of a victim in a rape case stands at a higher pedestal than injured witness and needs no corroboration. The evidence of a victim of sexual assault should be treated with utmost sensitivity and without undue skepticism.

JUDGMENT :

A.S. Gadkari, J.

Appellant No.1-Prakash Bharat Aware and Appellant No.2 Vaibhav @ Bhau Ankush Jadhav in Criminal Appeal No.853 of 2015 are original Accused Nos.1 and 2 respectively and Appellant Samadhan Mahadeo Pawar in Criminal Appeal No.1011 of 2015 is original Accused No.3 in Special Case No.28 of 2014.

For the sake of brevity, the Appellants hereinafter will be referred to as per their original nomenclature before the Trial Court. i.e. 'Accused No.1', 'Accused No.2' and ‘Accused No.3’.

2. Appellants have questioned correctness of Judgment and Order dated 25th July, 2015 passed by the learned Special Judge, Barshi in Special Case No.28 of 2014 (Old Special Case No.40 of 2013), convicting the Appellants under Section 376D of the Indian Penal Code (for short, “the IPC”) and is sentenced to suffer rigorous imprisonment for life, which mean imprisonment for remainder until natural life and to pay fine of Rs.10,000/- each and under Section 3(2)(v) read with Section 6 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, “the SCST Act”) and is sentenced to suffer imprisonment for life and to pay fine amount of Rs.5,000/- each. Trial Court has also directed and prescribed in default sentence for non-payment of fine and has further directed both the sentences shall run concurrently.

3. Heard Mr. Agandsurve, learned Advocate appearing for the Appellants. Mr. Hulke learned APP for Respondent No.1-State. Perused entire record.

4. Shorn of unnecessary details, it is the prosecution case that, on 3rd September, 2013 in the evening at about 7.30 p.m. when the prosecutrix was returning from her job and was passing from the embankment of river Bhogavati, Accused No.1 held her hand and pulled her under the embankment of river near bushes of Chillari. Prosecutrix tried to resist, however he made her to fall on the ground and committed forcible sexual intercourse with her. Prosecutrix shouted for help however, as nobody was nearby, her cries for help were unnoticed by anybody. After committing rape upon the prosecutrix, Accused No.1 called Accused Nos.2 and 3 and instigated them to commit rape upon the prosecutrix.

It is the further prosecution case that, Accused Nos.2 and 3 were concealing themselves behind the said Chillari bushes. Accused No.2 came forward, to whom the prosecutrix resisted and tried to rescue herself from his clutches however, Accused No.3 foiled her attempts and thereafter Accused No.2 committed rape on her. It is alleged that, Accused No.3 intimidated and threatened her that, if she resists, she would be killed. That, Accused No.3 thus abetted and facilitated other two Appellants in commission of the said offence against the prosecutrix.

5. Prosecutrix thereafter rushed to her home and narrated the said incidence to her mother (PW-4) and father. Prosecutrix along with her mother thereafter immediately approached to the Vairag Police Station, Taluka Barshi, District Solapur and lodged crime bearing No.160 of 2013 under the aforestated Sections.

Criminal law was thereafter set into motion. Prosecutrix was immediately referred to Dr. Gurudev S. Thengal (PW-2) who at the first instance examined her and issued Medical Certificate (Exh-30). He also prepared necessary medical case papers (Exh-31). Prosecutrix was thereafter referred to a Forensic Medicine Expert namely Dr. Santosh B. Bhoi (PW-3) who was then serving in Civil Hospital, Solapur. He noticed following injuries on the person of prosecutrix:-

“1) Abrasion present over back on right scapular region, size 1 cm x 5 cm. Red scab present.

2) Abrasion present over back of left scapular region, size 1 cm x 1 cm red scab present.

He opined that, those injuries were simple, possible due to hard and blunt object and caused within 24 hours before examination of prosecutrix. He accordingly issued Medical Certificate (Exh-36). He opined that, the aforestated injuries were possible while committing rape on ground.

During the course of investig