JUDGMENT

R.M. Lodha, J. - The accused/appellant in this Criminal Appeal questions the conviction and sentence awarded to him by the Assistant Sessions Judge, Nagpur on 31-3-1989 for the offences punishable under Section 376 (2) (a) (iii) of I.P.C. and sentenced to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs. 3000/- or in default of payment of fine to undergo further rigorous imprisonment of one year. The accused/appellant Baburao S/o Ramdas Padgil alongwith one Triveni S/o Vijay Shankar Shukla were charged by the Assistant Sessions Judge, Nagpur on 16- 2-1-89 to the effect that the accused persons being Police Officers of Police Station Ballarsha in furtherance of their common intention on or about, between the night of 19- 2-86 and 20-2-86 at Laxmi Lodge Cotton Market, Nagpur in room No.1 committed rape on Kumari Suman D/o Punjaram Girde, aged about 16 years a female minor in their custody against her will and without her consent and thereby committed an offence punishable under Section 376(2)(iii) and Section 376(2)(g).

2. In short, the prosecution story during the trial was that Prosecutrix Ku. Suman (P.W. 3) was having love affairs with one Shaikh Bab