- (1.)The appellant/original ac-cused No. 1 alongwith original accused No. 2-Sachin Maruti Khandekar and accused No. 3-Ganpat Vaman Karanje were charged for the offence punishable under section 376(2)(g) of the Indian Penal Code. The learned 1st Ad Hoc Additional Sessions Judge, Raigad- Alibag, who tried the appel-lant/accused No. 1 alongwith original ac-cused Nos. 2 and 3 for the above said of-fence, by the judgment and order dated 8.6.2006, which is impugned in the present appeal, has convicted them for the offence punishable under section 376(2) (g) of the I.P.C. and each of the accused was sentenced to undergo R.I. for 10 years and fine of Rs.
2000/-, in default of payment of fine to suf-fer S.I. for three months. The prosecution case in brief is as follows :

i. That the prosecutrix, PW. 1 at the time of in-cident was 25 years old. She lost her hus-band 9 years back, prior to the incident in motor accident. She is residing at village Phofalghar alongwith her 9 years old minor son and 75 years old father-in-law.

ii. The appellant/original accused No. 1 was having acquaintance with the prosecutrix and her family. The prosecutrix was treating the appellant/accused No. 1 as her brother.

iii. On 7th of April, 2005 at about 7.00 pm the appellant-accused No. 1 had been to the house of the prosecutrix and told her that there is important message for her and that she should come to the field known as "Khalche Shet" to know the message. However, at that time the father-in-law of the pros-ecutrix was not at home. At about 8.30 p.m., the father in law of the prosecutrix came home from Roha. The appellant-accused No. 1 again came at prosecutrix's house and in-formed her that he has important message for her and that she should come to the said field. Thereupon, the prosecutrix had been to the said field and searched the appellant-accused No. 1 in the field. However, she did not find the appellant- accused No. 1 in the field itself and when she was coming back to her house, at that time, the original accused Nos. 2 and 3, namely, Sachin and Ganpat came there and they caught hold both the hands of the prosecutrix and dragged her in the field. On prosecutrix questioning them as to why they are dragging her they said that they would not leave her. The appellant Nos. 2 and 3 dragged her in the field. The prosecutrix was shouting and tried to escape, however, it was of no use. Then the appel-lant-accused No. 1 came there. The prosecu-trix was saying to all the accused that they are like her brothers and they should leave her. All the accused thereafter took the pros-ecutrix near a Bandh of the said field and thereafter all of them committed forcible sexual intercourse with her one by one. At the time of the accused persons committing forcible intercourse with the prosecutrix one Govind Thamke and Nilesh Thamke came there on hearing hue and cry and they noticed that all the three accused ran away. The prosecutrix narrated the incident to Govind and Nilesh Thamke. The prosecutrix was taken by them to the hut located in the field and then to her house. Her father was called. The prosecutrix told the incident to her father. She was feeling weakness and giddiness and therefore, she was took to the dispensary of Dr. Sunil Patil. The prosecutrix could not lodge complaint due to her physi-cal condition. Thereafter, the prosecutrix went to Roha Police Station with her father and lodged .the complaint on 8.4.2005 at 7.25 p.m. and accordingly a crime at C.R. No. 25 of 2005 was registered against all the three accused.

(2.)PW. 7, the Police Inspector-Bhalchandra Kulkarni after completion of the investigation in the said case submitted charge-sheet against the accused persons in the Court of Judicial Magistrate, F.C., Roha on 7.7.2005. The JMFC, Roha has commit-ted the said case to the Court of Sessions at Alibag Dist. Raigad on 2.12.2005.
(3.)The learned 1 st Ad hoc Additional Sessions Judge framed the charge against the appellant and the original accused Nos. 2 and 3 of the offence punishable under section 376(2)(g)of the IPC.