Nagpur: Dismissing an appeal by two Wardha-based labourers, the Nagpur bench of Bombay high court confirmed their 20 years rigorous imprisonment for gang rape of a minor. While convicting the duo — Vinod and Sunil Jadhao — under Section 376-D of IPC last year, the Wardha sessions court had directed them to pay Rs10,000 fine, which was also upheld by the HC.
“It is proved from the survivor’s testimony that both men caught hold of her and took her to a nearby ground, where first petitioner forced himself on her. Her evidence is reliable and trustworthy. There is no reason to depose against both petitioners, who were unknown to her before the incident,†a division bench of Justices Bhushan Gavai and Murlidhar Giratkar ruled.
“While rightly appreciating her evidence along with that of witnesses, the trial court convicted them under Section 376-D,†the judges added.
According to additional public prosecutor Mohammed Khan, the survivor, studying in tenth standard, was going to tuition early in the morning on September 26, 2014 when the accused duo accosted her. They caught hold of her and took her toa nearby ground. When she tried to shout they gagged her. She however escaped from their clutches and started running. But the two again caught her when she fell down while running away. They threatened her that if she didn’t allow them to have sexual intercourse, they would kill her. Left with no other choice, the frightened girl allowed them to undress her, before first accused Vinod committed the heinous act.
The aggrieved survivor then dressed up and rushed to her home where she narrated the entire incident to her parents. She then lodged a complaint with police. Later, she was examined by a medical officer, who confirmed rape. Investigating officer API Devkar arrested the two the next day and carried out identification parade, where the victim identified them instantly. Subsequently, a charge sheet was filed and both were convicted by Wardha court.
They challenged the conviction through counsel Mir Nagman Ali contending they weren’t present at the site when incident took place and were implicated falsely.
“It appears it was first intercourse with survivor because hymen was torn and blood was found on the private parts. As per the medical report, clothes of victim found soil on backside. So also, soil particles were present on back, buttocks, perineum and backside of left ear, which shows that she was raped on a ground,†HC noted before rejecting the plea.
