Case Note & Summary
The case involves an appeal against conviction under Section 376(2)(g) IPC for gang rape. The prosecutrix was returning home on 21.7.2008 when the two appellants pulled her into a sugarcane field and raped her repeatedly for 1.5 to 2 hours. Her husband and family members arrived after hearing her shouts, and the accused fled. The trial court convicted the appellants and sentenced them to 10 years RI and a fine of Rs.50,000 each. The appellants appealed, and one appellant also filed an application seeking reduction of fine due to poverty. The High Court upheld the conviction, finding the prosecutrix's testimony reliable and corroborated. However, considering the appellant's poor financial condition and that he had already served the sentence, the court reduced the fine to Rs.5,000, payable from his prison wages. The appeal was dismissed except for the modification of fine.
Headnote
A) Criminal Law - Gang Rape - Section 376(2)(g) Indian Penal Code, 1860 - Conviction - The appellants were convicted for gang rape based on the prosecutrix's testimony and corroborating evidence. The court upheld the conviction, finding the evidence credible and consistent. (Paras 1-3)
B) Criminal Procedure - Fine Reduction - Poor Financial Condition - The court considered the appellant's application for reduction of fine due to his inability to pay, noting he had served the sentence. The court reduced the fine from Rs.50,000 to Rs.5,000, to be paid from prison wages. (Paras 1-2)
Issue of Consideration
Whether the conviction under Section 376(2)(g) IPC is sustainable and whether the fine amount should be reduced due to the appellant's financial condition.
Final Decision
Appeal dismissed except that the fine amount for appellant Sunil Somnath Suryawanshi is reduced from Rs.50,000 to Rs.5,000, to be paid from his prison wages.
Law Points
- Gang rape
- Section 376(2)(g) IPC
- conviction upheld
- fine reduction
- poor financial condition
Case Details
2015 LawText (BOM) (04) 171
Criminal Appeal No.359 of 2010 with Criminal Application No.31 of 2015
Mr.R.S. Kate for the Applicants, Mr.Arfan Sait, APP, for Respondent – State
Shri Sunil Somnath Suryawanshi and Shri Ramesh Balasaheb Mali
The State of Maharashtra and Sau. Ashwini Rajendra Navale
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Nature of Litigation
Criminal appeal against conviction for gang rape
Remedy Sought
Appellants sought acquittal; one appellant sought reduction of fine
Filing Reason
Conviction under Section 376(2)(g) IPC for gang rape
Previous Decisions
Trial court convicted and sentenced to 10 years RI and fine of Rs.50,000 each
Issues
Whether the conviction under Section 376(2)(g) IPC is sustainable
Whether the fine amount should be reduced due to the appellant's financial condition
Submissions/Arguments
Appellants argued that the conviction was not sustainable
One appellant argued that he could not pay the fine due to poverty and had served the sentence
Ratio Decidendi
The conviction for gang rape under Section 376(2)(g) IPC is upheld based on credible testimony of the prosecutrix. However, the fine may be reduced considering the appellant's poor financial condition and inability to pay.
Judgment Excerpts
The appeal is directed against the judgment and order of conviction dated 18.3.2010 passed by the learned District Judge 2 & Additional Sessions Judge, Baramati in Sessions Case No.2 of 2009, thereby convicting the appellants for the offences punishable under section 376 (2) (g) of the Indian Penal Code.
It is the case of the prosecution that on 21.7.2008, the prosecutrix attended her work at Sonawane Mala and then while returning alone at around 6.30 pm from Sonawale Mala to Navale Mala, at around 6.30 pm, she was caught by the applicants/accused.
Procedural History
The trial court convicted the appellants on 18.3.2010. They filed an appeal in the High Court. One appellant also filed an application for reduction of fine on 8.12.2014. The High Court heard both together and decided on 9.4.2015.
Acts & Sections
- Indian Penal Code, 1860: 376(2)(g)
