DATTA S O BABA CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused Nos. 1 and 2 who have filed this appeal from jail, were tried by the learned Sessions Judge, Parbhani, along with accused No. 3 who has been acquitted, upon the charges that on 26-4-1971 within the limits of village Hatta in Parbhani District, accused No. 1 Datta Baba Chavan committed rape on the complainant Gayabai w/o Rama Handge, and during the course of the same transaction Accused Nos. 2 and 3 abetted the act of Accused No. 1 in the commission of the offence of rape on Gayabai and thereby committed an offence punishable under section 376 I.P.C., and accused Nos. 2 and 3 committed an offence punishable under section 376 read with section 109 I.P.C.

(2.) The learned Judge on appraisal of the evidence, came to the conclusion that the charge of rape was brought home to accused No. 1. He, therefore, convicted him under section 376 I.P.C. and sentenced him to suffer R.I. for three years and to pay a fine of Rs. 100/- in default to suffer R.I. for one month. Accused No. 2 was convicted for an offence punishable under section 376 read with section 109 I.P.C. and was sentenced to suffer R.I. for one year and to pay a fine of Rs. 100/- in default to suffer further R.I. for one month. As already stated above, Accused No. 3 was acquitted of the charge.

(3.) The facts of the prosecution case in brief are as under :