- (1.) The appellants herein have been found guilty of commission of offence under S. 376(2)(g) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years as also imposition of a fine of Rs. 10,000/-.
(2.) On 31-10-1993, father of P.W. 1 and P.W. 6, her brother had gone to cultivate their agriculture land. Around 11.30 a.m. when P.W. 1 was attending to her household works and nobody was at home, the appellants came to the house and asked her about the availability of a spray pump. She told the appellants that she did not have any. A little later again the appellants approached her and asked for water whereupon she gave them water for drinking. After some time again the appellants went to her and asked her to give the cycle pump whereupon she told them that she did not have any cycle pump, whereafter they went away. Around 12.30 P.W. 1 went to a nearby nala to fetch water for the purpose of washing clothes. While she was returning from the canal, both the accused persons came and took her forcibly to the cotton fields by gagging her mouth and committed forcible sexual intercourse with her against her consent. She was unable to cry as the cloth used was put in her mouth. Later, however, she removed the cloth put in her mouth and cried aloud. Hearing her cries, her father and her brother came running to the spot and found the accused persons running away at a distance. Her father made an attempt to apprehend them, but they made good their escape. He also approached one Mahantesh Patil P.W. 19 who is an influential person of the village and requested him to see that something is done in this regard. P.W. 19 promised him that he will send for the accused and a panchayat will be held. The father of the prosecutrix, thereafter, informed the factum of commission of the offence to a number of persons including P.W. 2 Krishna Veni, P.W. 3 Krishna Murthy and P.W. 14 Sadashiva Rao. All the them gathered in the hut of P.W. 1 and made enquiries whereupon she narrated the acts committed by the accused persons. After 4 days of the incident the father of the prosecutrix lodged a First Information Report before the Sirwar Police Station.
(3.) Both the Courts below found the appellants guilty of commission of the said offence.;