Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NOS.557/2005, 590/2005, 591/2005, 174/2006 & 310/2006 CRIMINAL APPEAL NO. 557 OF 2005 1. Ramesh alias Ranjya Dhuraji Kale, Aged : 43 Years, Occu. : Labourer, R/o Brahmangaon, Tq. Ashti, District Beed. 2. Bandya Nilgorya Bhosle, Aged : 32 Years, Occu. : Agriculture, R/o Sabalkheda, Tq. Ashti, District Beed. 3. Habib alias Habya Panmalya Bhosale, Aged : 28 Years, Occu. : Labourer, R/o Sabalkheda, Tq. Ashti, District Beed. Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 2 4. Garmanya Khubya Chavan, Aged : 40 Years, Occu. : Labourer, R/o Sheri, Tq. Ashti, District Beed. 5. Darasingh alias Maruti alias Daji Vakilya Bhosale, Aged : 26 Years, Occu. : Agriculture, R/o Dhamangaon, Tq. Ashti, District Beed. .. Appellants Versus The State of Maharashtra (Through Police Station, Ahmednagar). .. Respondent Shri P. K. Chavare, Advocate for Appellant Nos. 1, 3 and 5. Shri Joydeep Chatterji, Advocate for Appellant No. 2. Shri S. S. Jadhavar, Advocate for Appellant No. 4 (Appointed). Shri V. D. Sapkal, Special Counsel / Special Public Prosecutor for the Respondent/State. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CRIMINAL APPEAL NO. 590 OF 2005 1. Suresh alias Tirshya alias Tintashya alias Chinchawanya Chintaman Kale, Aged : 19 Years, Occu. : Agriculture, R/o Sheri, Tq. Ashti, District Beed. Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 3 2. Hanumantya alias Shaharukh Natashya alias Nakeshwar Bhosale, Aged : 24 Years, Occu. : Agriculture, R/o Brahmangaon, Tq. Ashti, District Beed. 3. Santosh alias Sandusha alias Hari Suryabhan alias Discharge Kale, Aged : 23 Years, Occu. : Agriculture, R/o Pimparkhed, Tq. Ashti, District Beed. 4. Chikya alias Bappay alias Pappya alias Chakya Sarmadya Bhosale, Aged : 35 Years, Occu. : Labour Work, R/o Walunj, Tq. & Dist. Ahmednagar. .. Appellants (Orig. Accused Nos. 10, 11, 13 & 14) Versus The State of Maharashtra. .. Respondent ..... Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 4 Shri V. N. Damle, Advocate for Appellants. Shri V. D. Sapkal, Special Counsel / Special Public Prosecutor for the Respondent/State. Appellant nos. 3 & 4 are deleted from the array of appellants in Criminal Appeal No. 590/2005 as per Court’s order dated 6.3.2006 in Criminal Application No. 660/2006. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CRIMINAL APPEAL NO. 591 OF 2005 Raju alias Adnyan Vakilya, Age : 24 Years, Occu. : Agril., R/o Dhamangaon, Tq. Ashti, District Beed. .. Appellant (Orig. Accused No. 8) Versus The State of Maharashtra .. Respondent ...... Shri V. N. Damle, Advocate for Appellant. Shri V. D. Sapkal, Special Counsel / Special Public Prosecutor for the Respondent/State. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 5 CRIMINAL APPEAL NO. 174/2006 1. Santosh alias Sandusha alias Hari Suryabhan alias Discharge Kale, Age : 23 Years, Occu. : Agriculture, R/o Pimparkhed, Tq. Ashti, District Beet. 2. Chikya alias Bappay alias Pappya alias Chakya Sarmadya Bhosale, Age : 35 Years, Occu. : Labour Work, R/o Waluj, Tq. and Dist. Ahmednagar. .. Appellants (Orig. Accused No. 13 & 14) Versus The State of Maharashtra Through Police Station Officer, Police Station Dist. Ahmednagar. .. Respondent ...... Shri Joydeep Chatterji, Advocate for Appellants. Shri V. D. Sapkal, Special Counsel / Special Public Prosecutor for the Respondent/State. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 6 CRIMINAL APPEAL NO. 310/2006 Rasalya Digya Bhosale, Age : 25 Years, Occu. : Labour work, R/o Pimparkhed, Tq. Ashti, District Beed. .. Appellant (Orig. Accused No. 12) Versus The State of Maharashtra Through Police Station Officer, Pathardi Police Station Dist. Ahmednagar. .. Respondent ..... Shri Joydeep Chatterji, Advocate for Appellant. Shri V. D. Sapkal, Special Counsel / Special Public Prosecutor for the Respondent/State. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : P. V. HARDAS, AND A. V. POTDAR, JJ. JUDGMENT RESERVED ON 25.10.2010 JUDGMENT PRONOUNCED ON 15.12.2010 Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 7 JUDGMENT (Per P.V. Hardas, J.) : 1] Accused no.3 Ramesh, accused no.4 Bandya, accused no.5 Habya, accused no.6 Garmanya, accused no.7 Umarya, accused no.8 Raju, accused no.9 Darasing, accused no.10 Suresh, accused no.11 Hanumantya, accused no.12 Rasalya, accused no.13 Santosh and accused no.14 Chikya stand convicted for offence punishable u/s 395 r/w 120-B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.300/- each, in default to undergo further rigorous imprisonment for two years. Accused nos.3 to 14 also stand convicted for offence punishable u/s 376 r/w 120-B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs.3,000/- each, in default of which to undergo further rigorous imprisonment for two years. Accused nos.3 to 14 also stand convicted for offence punishable u/s 354 r/w 120-B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1,000/- each, in default of which to undergo further rigorous imprisonment for three months. Accused nos.3 to 14 are further convicted for Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 8 offence punishable u/s 342 r/w 120-B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1,000/- each, in default of which to undergo further rigorous imprisonment for three years. Accused nos.3 to 14 are further convicted for offence punishable u/s 324 r/w 120-B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.1,000/- each, in default of which to undergo rigorous imprisonment for three months. Accused nos.3 to 14 are further convicted for offence punishable u/s 509 r/w 120-B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year. Accused no.3 Renjya, accused no.4 Bandya and accused no.9 Darasing are also convicted for offence punishable u/s 376(2)(g) of the Indian Penal Code for committing rape on PW 30 - Meerabai and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.10,000/- each, in default to suffer rigorous imprisonment for three years. Accused no.5 Habya and accused no.6 Garmanya are convicted for offence punishable u/s 376(2)(g) of the Indian Penal Code for committing gang rape on PW 32 - Sangita and sentenced to suffer imprisonment for life and to each pay fine of Rs.10,000/-, in default to suffer rigorous imprisonment for three Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 9 years. The trial Court has further directed that the substantive sentences of imprisonment of accused nos.3, 4, 5, 6 and 9 shall run consecutively. The trial Court has also directed that no remission of sentence or amnesty on any special occasions announced or to be announced either by the Central or the State Government shall apply to the sentence of imprisonment imposed on these accused. The sentences of other accused have also been directed to run consecutively. The trial Court has directed that out of the fine amount recovered, an amount of Rs.10,000/- each be given to PWs.30, 31 & 32 (Meerabai, Ranabai & Sangita) and Rs.3,000/- each to PWs. 38, 40 and 41 (Rahibai, Chandrabhaga & Venubai). The trial Court has acquitted original accused no.1 Sampat and accused no.2 Subhash and has directed that as approver, PW 2 Bhausaheb has complied with the terms and conditions of pardon, he be discharged from all offences and be released forthwith. The appellants, who are aggrieved by the aforesaid sentences passed by IInd Additional Sessions Judge, Ahmednagar, vide judgment dated 23.6.2005 in Sessions Case No.100/2001, by these appeals challenge the correctness of their conviction and sentence. Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 10 2] The present appeals are concerning to the dacoity alleged to have been committed by the present appellants at village Kothewadi. Apart from looting the valuables, modesty of women was outraged. Gang rape on some women is alleged to have been committed by the accused. The facts of the prosecution case unfold the pathetic plight of the victims. The facts in brief as are necessary for the decision of these appeals may briefly be stated thus: PW 34 Yadav Satpute, Head Constable, who was attached to Pathardi Police Station and was on duty at Pathardi Police Station as PSO on 17.1.2001 received a telephone from one Alam Giri at about 3-15 a.m. informing him that thieves had come. PW 34 Head Constable Yadav Satpute accordingly deputed Constables Waghmode and Palve and the other staff to reach Manikdoundi. Accordingly, an entry in the station diary at Sr.Nos.5 & 6 came to be made. AT about 5-30 p.m., the Police staff returned to the Police Station and informed PW 34 Satpute that the thieves had committed dacoity at Kothewadi and had assaulted the villagers. Accordingly, an entry in the station diary at Sr.No.9 came to be made. At about 6 a.m., PW 34 Satpute informed about the incident to the Deputy Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 11 Superintendent of Police (Rural), Ahmednagar, and at about 6-10 a.m. informed PSO Khaire of Shevgaon Police Station. At 6-15 a.m., the said information was transmitted to the Control Room at Ahmednagar. At 7-15 a.m., PSI Khaire arrived at Pathardi Police Station and proceeded towards the scene of the incident at village Kothewadi. An entry to that effect came to be made in the station diary. The extract of the station diary is marked as Exhibit 334. PW 35 Khanderao Khaire, who was attached to Shevgaon Police Station as PSO was in-charge of Pathardi Police Station in addition to his charge of Shevgaon Police Station. He received information at 6-10 a.m. from the PSO of Shevgaon Police Station about the dacoity at village Kothewadi. He accordingly reached Pathardi and from Pathardi Police Station along with the staff went to village Kothewadi. At village Kothewadi, he recorded the complaint of PW 33 Asrabai at Exhibit 327. He sent the said complaint along with Head Constable Puri to Pathardi Police Station for registration of the offence. Accordingly, Head Constable Deorao Gore, who was attached to Pathardi Police Station received the complaint of PW 33 Asrabai, which was handed over by Constable. Upon receipt of the same, he effected an entry at Sr.No.17 and registered an Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 12 offence vide Crime No.8/2001. An entry to that effect came to be made at Sr.No.18. A copy of said complaint was endorsed to the Judicial Magistrate, First Class, at Pathardi. After registering the offence, the original complaint was handed over to Constable Puri to be transmitted to PW 35 PSI Khaire. The station diary entries at Sr.Nos.17 & 18 are at Exhibit 340. PW 33 Asrabai also pointed out the scene of the offence. One Hansrao Ganpat Kothe, Machindra Ganpat Kothe, Aba Saveleram Kothe, Ambadas Kisan Kothe, Antikabai Bhanudas Kothe, Venubai Changdeo Kothe, Gopinath Shantaram Kothe, Dnyandev Vishwanath Kothe showed their respective houses. Accordingly, the scene of the offence – panchanama came to be drawn at Exhibit 274 in the presence of panch witnesses. From the scene of the offence, particularly from the house at lower Kothewadi, which is described in the evidence as “Wada”, pieces of green bangles, cigarette butts, two packets of tobacco and two sticks of bamboo came to be seized. The said articles are Article Nos.1 to 6. Thereafter, statements of Rahibai Kothe, Ranabai Kothe, Antikabai Kothe, Changdev Kothe, Kantilal Kakade, Venubai Kothe, Chandrabhaga Kothe, Yadav Kothe, Meerabai Kothe, Sangita Kothe, Ashabai Kothe, Gorakh Kothe and others came to Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 13 be recorded. A panchanama of the cupboard and the disconnected cable phone in the house of PW 33 Asrabai came to be drawn in the presence of panchas at Exhibit 291. PW 35 PSI Khaire returned back to Pathardi Police Station and handed over further investigation to PW 37 PSI. PW 37 Palvade interrogated the witnesses whose statements had already been recorded by PSI Khaire and noticed that the females were frightened and were not ready to disclose the true state of affairs. He accordingly returned back to Pathardi Police Station and on the next day, addressed a communication to the Tahsildar for drawing the sketch of the scene of the offence. He went to Ahmednagar and personally met the Superintendent of Police and informed him that the female witnesses were holding back some information and, therefore, arrangements be made for sending a lady Sub Inspector to Kothewadi. Accordingly, on 20.1.2001, PW 42 Jyoti Karandikar arrived at Pathardi Police Station along with two lady Constables and they were, therefore, requested to visit village Kothewadi for recording the statements of ladies. PW 42 PSI Jyoti Karandikar was directed by the Superintendent of Police in writing to report to Pathardi Police Station for assisting PSI Palvade in the investigation of Crime Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 14 No.8/2001. Accordingly, she had reported at Pathardi Police Station and was directed by PSI Palvade to record the statements of the ladies whose statements had already been recorded. She reached Kothewadi at about 11-00 to 11-30 a.m. and enquired with the women. Their statements were read over to them, which had been recorded on 17.1.2001 and thereafter their supplementary statements came to be recorded. After recording the supplementary statements, she returned back to Pathardi Police Station and handed over those statements along with her report to PSI Palvade. On 21.1.2001, clothes on the person of Meerabai and Ranabai came to be seized under seizure memo at Exhibit 289, which are Article No.7 i.e. two sarees. On 22.1.2001, she visited village Kothewadi and seized the white saree and petticoat of Sangita Kothe vide seizure memo at Exhibit 290. The seized clothes are Articles 8 & 9. PW 37 PSI Palvade then handed over the investigation to ASP PW 46 Rajesh More. PW 46 ASP More, to whom investigation of Crime No. 8/2001 had been handed over from PW 37 PSI Palvade, directed the inclusion of an offence punishable u/s 376(2)(g) of the Indian Penal Code and a report to that effect came to be submitted to the Court. On 21.1.2001, PW 30 Meerabai Kothe and PW 31 Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 15 Ranabai Kothe were referred for medical examination to Rural Hospital at Pathardi. PW 30 Meerabai Kothe and PW 31 Ranabai Kothe were examined by PW 43 Dr.Ramprasad Kulkarni. On examination of Meerabai, he noticed one small abrasion on left lateral elbow with the scab having fallen. He also noticed an incised wound on the abdomen in the middle admeasuring ¼ x ¼ x ¼ cms. with scab present. Meerabai had complained of pain in the left ear, though there was no visible injury. Burn mark on the right medial thigh admeasuring 1 x 1 cm. with scab present was noticed. Minor abrasion with scab on left upper thigh on medial aspect was also seen. On P/v examination, he found that the vagina admitted two fingers easily. There was no evidence of venereal disease and no internal injury was found, but slight tenderness was present. He accordingly took the vaginal swab, nail cuttings and the pubic hair for examination. According to him, the minor abrasion on the upper thigh was caused due to nails while injury no.2 i.e. incised wound on the abdomen was caused by sharp and pointed object. While the pain in the left ear could be caused due to slapping. The mark on the right thigh was a burn mark. The injury certificate of Meerabai is at Exhibit 352. Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 16 He had also examined PW 31 Ranabai Kothe and had noticed the following external injuries. [1] Minor abrasion on right mandible with scab. [2] Minor abrasion on throat region scab present. [3] Swelling of lower lip with abrasion scab fallen admeasuring 1 x 1 cm. [4] Lacerated wound from inside the lower lip admeasuring ½ x ¼ x ¼ cms. [5] Three abrasions on lower back admeasuring ¼ x 1 ¼ cms. each, with scab. [6] Oblique contusion on right upper back, blackish brown in colour measuring 2 x ½ cms. [7] Contusion on left upper thigh measuring 3 x 2 cms. blackish brown in colour. On P/v examination, he found that the vagina admitted two fingers, there was slight tenderness present with no internal injuries. Vaginal swab, sample of nail cuttings and pubic heir were taken for examination. According to him, injury nos.1,2 & 5 were caused due to nails while injury nos.3 & 4 were caused by hard and blunt object like fist. Injury nos.6 & 7 could be caused due to stick. The injury certificate of PW 31 Ranabai is at Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 17 Exhibit 353. On the next day i.e. on 22.1.2001, he examined PW 32 Sangita Gorakh Kothe. He noticed following external injuries: [1] Swelling over forehead admeasuring 2 x 2 cms. [2] Oblique contusion on left middle back. [3] Minor abrasion on right aspect of throat scab present, tenderness present in throat region. [4] Incised wound on right middle portion, scab present admeasuring 1 x ¼ x skin deep. [5] Minor abrasion on middle scapular region. On P/v examination, he noticed that vagina admitted two fingers and there was slight tenderness. Sample of nail cuttings and pubic hair were taken for examination. According to him, injury nos.1 & 2 could be caused due to hard and blunt object while injury no.3 could be caused due to nails and injury nos.4 & 5 could be caused by hard, sharp and pointed object, and by hard and rough object respectively. The injury certificate of PW 32 Sangita is at Exhibit 354. PW 46 ASP More handed over the investigation on 26.1.2001 to PW 45 Deputy Superintendent of Police Prakash Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 18 Rade. PW 45 Dy.S.P. Rade took over the investigation on 26.1.2001 from PW 46 ASP More. On 27.1.2001 and 29.1.2001, he recorded supplementary statements of witnesses. On 1.2.2001, he recorded supplementary statements of Changdev Hari Kothe, Venubai Changdev Kothe and other four witnesses. On 10.2.2001, he recorded supplementary statements of Avantika Bhanudas Kothe, Bhima Gunaji Kothe and Paraji Santram Kothe. On 17.2.2001, as per directions of D.I.G., he handed over the investigation to PW 47 PI Randive. On 20.2.2001, he visited the scene of the offence and recorded the statements of PW 21 Paraji, PW 33 Asrabai, PW 39 Ashabai, PW 40 Chandrabhaga and other witnesses. On 21.3.2001, he interrogated accused Bhausaheb, accused Sampat and accused Subhash and arrested them in the said crime. A jeep bearing registration No.MH-23- E-298 came to be seized under the panchanama in the presence of PWs.4 & 5 at Exhibit 596. Statements of PW 13 Kanhu and PW 14 Krishna also came to be recorded. Accused Bandya, who was in jail in Crime No.126/2000 of Nagar Taluka Police Station came to be arrested. On 27.3.2001, statement of PW 32 Sangita came to be recorded. Accused Ramesh, who had been arrested in Crime No.5/2001 registered by Gangapur Police Station and was Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 19 in jail, came to be arrested. On 3.4.2001, investigation came to be handed over to PW 48 PI Kedari. On 10.4.2001, PW 48 PI Kedari recorded the statement of PW 24 Laxman Bhaguji Ethape and on 15.4.2001, during custodial interrogation of accused Bandya, he expressed his willingness to point out the stolen ornaments. Accordingly, a memorandum came to be drawn in the presence of panchas at Exhibit 299. The accused led the Police and the panch to a field on Nagar-Solapur road and went inside a hut and produced a plastic bag, which had been buried and from the plastic bag, one silver chain, two silver bracelets came to be produced. The aforesaid articles came to be seized under seizure memo under Exhibit 300. Supplementary statement of PW 30 Meerabai Kothe came to be recorded. On 23.4.2001, permission was sought for holding test identification parade and accordingly test identification parade came to be held on 30.4.2001. The accused, who had been arrested in different crimes, were transferred to custody of Pathardi Police Station. On 15.6.2001, requisition was submitted to Tahsildar for holding test identification parade of accused Habya. On 16.6.2001, a charge-sheet against seven accused viz. Bhausaheb, Sampat, Subhash, Ramesh, Bandya, Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 20 Garmanya and Habya came to be filed. Accused Umbrya, who had been arrested in Crime No.15/2001 registered at Pathardi Police Station came to be transferred in this crime and, therefore, on 25.6.2001, the Tahsildar was requested to hold test identification parade of accused Habya. The Tahsildar was also requested to conduct test identification parade of accused Umarya. On 16.7.2001, supplementary charge-sheet came to be submitted against accused Umarya. Further investigation of the said crime was then handed over to PW 49 Dy.S.P. Waghmare. Accused no.8, who was arrested in Crime No.15/2001, came to be transferred to the custody of Pathardi Police Station. Permission was sought from the Magistrate for holding test identification parade of accused no.8 Adnya. Accused no.9 Darasing came to be arrested on 7.10.2001 registered by Gangapur Police Station and accordingly his custody came to be transferred to Pathardi Police Station. He was produced before the Magistrate and was remanded in Police custody till 25.10.2001. During custodial interrogation, accused no.9 Darasing expressed his willingness to produce a costly saree (Shalu). A memorandum came to be drawn in the presence of panchas at Exhibit 245. The accused led the Police and the panch to one agricultural field and from Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 21 near the hut and beneath the heap of stones, took out a plastic bag, which contained the saree. The said costly saree (Shalu) came to be seized under seizure memo at Exhibit 246. The said saree is Article 18-A. Request letter was submitted to J.M.F.C., Pathardi, for permission to hold test identification parade of accused Darasing and accordingly the Tahsildar was requested on 6.11.2001 for holding the test identification parade of accused Darasing. On 23.11.2001, a supplementary charge-sheet came to be presented against accused Darasing. Accused Suresh, who had been arrested in Crime No.15/2001, came to be transferred to the custody of Pathardi Police Station in this crime and was accordingly produced before the Magistrate on 10.12.2001 and Police custody was granted up to 15.12.2001. Request was made to J.M.F.C. for according permission to conduct test identification parade of accused Suresh Chintaman Kale and thereafter the Tahsildar was requested to hold the test identification parade of accused Suresh. On 5.1.2002, a supplementary charge-sheet came to be filed against accused Suresh. Further investigation came to be entrusted to PW 50 Dy.S.P. Borse. Accused Hanumantya, who was absconding and who had been arrested in Crime No.15/2001, came to be transferred to the custody of Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 22 Pathardi Police Station. Permission was sought from the Magistrate for holding the test identification parade and accordingly the Tahsildar was requested for holding the test identification parade. On 28.6.2002, supplementary charge-sheet came to be filed against accused Hanumantya. Accused Rasalya, accused Santosh and accused Chikya came to be arrested on 7.2.2003. Permission was sought from the Magistrate for holding the test identification parade and accordingly the Tahsildar was requested to hold the test identification parade. On 17.3.2003, a supplementary charge-sheet came to be filed against the three accused. 3] On committal of the case to Court of Sessions, the trial Court, vide Exhibit 67, framed charge against 10 accused for offences punishable u/s 120-B of the Indian Penal Code, 395 r/w 120-B, 376(2)(g) r/w 120-B and 376 of the Indian Penal Code in respect of each accused, who is alleged to have committed rape on the ladies, u/s 354 r/w 120-B of the Indian Penal Code, u/s 342 r/w 120-B, 509 r/w 120-B and 324 r/w 120-B of the Indian Penal Code. The appellants denied their guilt and claimed to be tried. Cr.Appeal Nos.557/05,590/05,591/05,174/06 & 310/06 23 4] The trial Court, upon consideration of prosecution evidence, convicted and sentenced the appellants as afore-stated. The appellants, by filing these appeals, have questioned the correctness of their conviction and sentence. 5] In order to effectively deal with the submissions advanced before us by the learned counsel for the parties, it would be useful to refer to the evidence of the prosecution witnesses first. Though prosecution has examined other witnesses to corroborate the testimony of PW 2 Bhausaheb, evidence of PW 2 Bhausaheb, who is an approver, would be essential. 6] PW