JITENDRA SURESH GABHANE Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: NAGPUR)
Jitendra Suresh Gabhane
STATE OF MAHARASHTRA
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MANISH PITALE,J. -
(1.) By this common judgment, four appeals filed by four accused persons are being disposed of. All the four accused persons have been convicted by the impugned judgment and order passed by the Court of Additional Sessions Judge, Bhandara in Special Criminal (Child) Case No.14 of 2015 for offences under Section 363 read with 34 of the Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs.500/- and under Section 376(D) read with Section 34 of the IPC, sentenced to suffer rigorous imprisonment for 20 years and to pay fine of Rs.1,000/-.
(2.) The prosecution case in brief is that on 16.02.2015, the complainant (hereinafter referred to as "the prosecutrix") had gone to see Hangama Dance Programme at about 8.30 p.m. in the village when her friend one Atul Meshram phoned her and asked her to meet him. The prosecutrix asked the said Atul Meshram to come behind her house. The said Atul Meshram came on motorcycle after about 10 minutes along with two friends but he did not stop where the prosecutrix was waiting and went ahead. Thereupon, the prosecutrix called him on phone and he asked her to come near the river side. The said Atul Meshram came alone at the said place to meet the prosecutrix, when the four boys came towards them. At this point, the said Atul Meshram ran away leaving the prosecutrix alone and she ran towards the river side on Dhusala road.
(3.) The said four boys i.e. the appellants herein (accused Nos. 1 to 4) intimidated the prosecutrix. Accused No.1 Atul Hatwar (appellant in Criminal Appeal No. 363 of 2016) lifted the prosecutrix and closed her mouth with his hand and took her to the neighbouring field. Accused No.2 Jitendra Gabhane (appellant in Criminal Appeal No. 200 of 2016), accused no.3 Ishwar Tikapache (appellant in Criminal Appeal No.205 of 2016 and accused No.4 Vijay Nagfase (appellant in Criminal Appeal No.206 of 2016) accompanied the said accused No.1. Accused No.1 Atul Hatwar first committed forcible sexual intercourse with the prosecutrix and thereafter other three accused one by one committed the said act forcibly on the prosecutrix. Thereafter, accused no.1 Atul Hatwar brought the prosecutrix near the canal and left her there, asking her to meet him the next morning.;
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