Case Note & Summary
Criminal appeals arising from the judgment of the Sessions Court, Parbhani, in Sessions Case No. 121 of 1994 were taken up by the High Court of Judicature at Bombay, Bench at Aurangabad. The trial court had convicted accused Nos. 1 to 4 and 6 and 7 for the offence of gang rape under Section 376(2)(g) of the Indian Penal Code, and accused Nos. 1 to 4 for kidnapping under Section 366 read with Section 34 IPC. It sentenced the convicts to rigorous imprisonment for 10 years, while acquitting accused Nos. 5, 8, and 9. Aggrieved by the conviction, accused No. 7 (Kalyan Renge) and accused No. 4 (Rameshwar Kanade) preferred Criminal Appeal Nos. 153 of 1999 and 157 of 1999 respectively. The State, on the other hand, filed Criminal Appeal No. 281 of 1999 seeking enhancement of the sentence from 10 years to life imprisonment. The appeals were heard together and judgment was reserved on 22 September 2017 and pronounced on 21 November 2017. The factual background reveals that two minor girls, PW-4 and PW-5, residents of Partur, District Jalna, left home on 3 July 1994 in search of employment. They traveled to Parbhani by train, where they encountered accused Nos. 1 to 3 in a cinema hall. These accused falsely represented that they would help the girls find work and took them to a banana garden at the outskirts of Parbhani. There, accused No. 1 raped PW-4, and accused Nos. 2 and 3 raped PW-5. Subsequently, near a brook, the accused again raped the girls after threatening them. Later, the girls were taken to Visawa Lodge where accused Nos. 6 and 7, upon arrival, raped them under threat, while accused Nos. 8 and 9, who managed the lodge, kept watch. From the lodge, the girls were taken to the campus of Shanti Niketan school where accused Nos. 1 to 4 again committed rape after consuming liquor. Thereafter, accused No. 1 took them to a ‘Wada’ where accused No. 5 facilitated and himself committed rape on PW-4 while accused No. 1 raped PW-5. The girls were finally left at Parbhani Railway Station in the early hours of 5 July 1994 and were then subjected to further sexual assaults by other persons leading to a separate Sessions Case No. 139 of 1994. The core legal issues before the High Court were whether the convictions under Sections 376(2)(g) and 366 of the Indian Penal Code were sustainable, and whether the sentence imposed was adequate. The arguments advanced by the parties were not detailed in the extracted text. The analysis and final decision of the High Court are not captured in the provided judgment snippet.
Issue of Consideration
Criminal Appeal No. 153 of 1999
Case Details
2017 LawText (BOM) (11) 23
Criminal Appeal Nos. 153/1999, 157/1999, 281/1999
T.V. Nalawade, S.M. Gavhane
V.D. Salunke, Shirish Gupte, S.J. Salgare, A.B. Kale, N.G. Kale, M.P. Kale
Kalyan s/o Bansidharrao Renge, Rameshwar s/o Baburao Kanade, The State of Maharashtra
The State of Maharashtra, Sangeeta d/o Rameshwar Agrawal (Mor), Panchasheela @ Panchphula D/o. Wamanrao Jayebhaye, Suryakant s/o Ganpatrao Dhage, Arun s/o Shahurao Mapari, Suresh s/o Bapurao Kopre, Rameshwar s/o Baburao Kanade, Tukaram s/o Ramji Kharat, Nitin s/o Limbajirao Dudhgaonkar, Kalyan s/o Bansidhar Renge, Dnyanoba s/o Namdeo Dharasurkar, Machinder s/o Vithalrao Ghadge
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Nature of Litigation
Criminal appeals against conviction and sentence for gang rape, and State's appeal for enhancement of sentence.
Remedy Sought
Appellants (convicts) seek acquittal; State seeks enhancement of sentence to life imprisonment.
Filing Reason
Accused were convicted under sections 376(2)(g) and 366 IPC by trial court; they claim wrongful conviction; State claims inadequate sentence.
Previous Decisions
Trial court in Sessions Case No. 121/1994 convicted accused Nos. 1-4,6,7 under section 376(2)(g) IPC and accused Nos. 1-4 under section 366 r/w 34 IPC, sentencing them to 10 years rigorous imprisonment; acquitted accused Nos.5,8,9.
Issues
Whether the trial court's conviction of the accused under Sections 376(2)(g) and 366 of the Indian Penal Code is sustainable.
Whether the sentence of 10 years rigorous imprisonment should be enhanced to life imprisonment.
Judgment Excerpts
Two minor village girls were ravished in Parbhani city and at the outskirts of Parbhani city by different persons.
The trial Court has convicted and sentenced the accused Nos. 1 to 4 and 6 and 7 for offence of gang rape punishable under section 376(2)(g) of Indian Penal Code.
Accused Nos.1 to 3 falsely represented to these girls that they knew Sham Agrawal and Sham Agrawal was their friend. They gave false promise to the victim girls that they would take them to Sham Agrawal.
In the banana garden, accused No.1-Suryakant took PW-4 to one side and then he committed rape on her. Similarly, accused Nos.2 and 3 took PW-5 to other side and there they committed rape on PW-5.
Procedural History
Sessions Case No.121/1994 was tried by Sessions Judge, Parbhani. The trial court convicted accused Nos.1 to 4, 6 and 7 under Section 376(2)(g) IPC and accused Nos.1-4 under Section 366 read with 34 IPC, sentencing them to 10 years RI, and acquitted accused Nos.5,8,9. Appeals were filed by accused No.7 (Kalyan Renge) in Criminal Appeal 153/1999, accused No.4 (Rameshwar Kanade) in Criminal Appeal 157/1999, and the State in Criminal Appeal 281/1999 seeking enhancement of sentence. The High Court heard the appeals and reserved judgment on 22 September 2017, pronouncing on 21 November 2017.
Acts & Sections
- Indian Penal Code, 1860: 376(2)(g), 366, 34
