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27 of 74 210-15-Apeal-J=.doc Salim Mohd. Abudl Kaddus Ansari forcibly dragged the prosecutrix inside the shrubs by holding her hands despite her request not to do so. She was shouting and crying.

50. Her evidence further reveals that fourth person to whom the prosecutrix later identified as Vijay Mohan Jadhav-accused No.4 also came over there and assaulted her. Appellant- Ashfaq then put his handkerchief in her mouth as she was shouting. Accused No.3- Mohd. Salim and appellant - Ashfaq thereafter took her inside the shrubs. Despite her resistance, they dragged her inside. They asked her to remove her clothes. When she refused, they assaulted her. In that process, she held shirt of accused No.3-Mohd. Salim. His shirt was, therefore, torn. In the said scuffle, his locket and her bracelet were broken.

53. Her evidence further reveals that accused No.3-Mohd. Salim and appellant - Ashfaq again came over there and made her stand in a nude condition. Accused No.3- Mohd. Salim pressed her breast. He was nude and in standing position inserted his penis in her private part. After him, appellant - Ashfaq in the standing position itself inserted his penis in her anus. At that time, he was fully naked. Evidence further indicates that when appellant - Ashfaq inserted his penis in 29 of 74 210-15-Apeal-J=.doc her anus while in standing position, accused No.3 - Mohd. Salim had held her. Both appellant - Ashfaq and accused No.3 - Mohd. Salim have been identified by the prosecutrix during trial by deposing their specific roles at the time of the incident. She had also identified Accused No.4-Vijay Jadhav and Accused No.2-Mohd. Kasim, who had tied hands of P.W.19-Krishna with her odhani. She had identified appellant

55. The testimony of the prosecutrix has been substantially corroborated by her friend P.W.19-Krishna. It is needless to reiterate the evidence which would be nothing but repetition of what has been testified by the prosecutrix right from their plan to visit Mahalaxmi temple till hands of P.W.19-Krishna were tied and the prosecutrix was dragged into the shrubs by the accused. It is pertinent to note that the spot where the prosecutrix was dragged by the accused was not visible from the place where Krishna was tied. However, he noticed first accused No.3 - Mohd. Salim returning to him and then accused No.2 - Mohd. Kasim entering into the bushes. Thereafter, he noticed accused No.3 - Mohd. Salim and appellant - Ashfaq and also the fifth person i.e accused 31 of 74 210-15-Apeal-J=.doc No.4 - Vijay Jadhav and juvenile-in-conflict-with-law Akash were going and coming outside one after other. He had also identified all of them as that of the prosecutrix. He had categorically testified that the prosecutrix was in a frightened condition and was crying. Her clothes were torn. Her bracelet was missing. Her hair were in disordered condition. Accused persons brought them towards railway track. Accused threatened P.W.19-Krishna and the prosecutrix not to inform the Police as they knew where the prosecutrix stays and they would kill her. In a frightened condition, they started proceeding towards Mahalaxmi Railway Station. He testified that at Mahalaxmi Railway Station, he made her sit, gave her water to drink and thereafter she had narrated the entire episode as to how those five persons committed forcible rape on her and also did dirty things.

DATE TIME DURATION LOCATION OF LOCATION OF CALLING PARTY CALLED PARTY 31/07/2013 20.08 25 9920465351 7208834042 (Accused No.3- (Accused No.1-
                                Mohd. Salim)      Mohd. Ashfaq)
                                Cell I.D          Cell I.D.
                                No.24242          No.24242
                                Mahalaxmi         Mahalaxmi
  31/07/2013 20.10      11      9920465351        7208834042
                                (Accused No.3-    (Accused No.1-
                                Mohd. Salim)      Mohd. Ashfaq)
                                Cell I.D          Cell I.D.
                                No.24242          No.1311 Opp. E.
                                Mahalaxmi         Moses Road
  31/07/2013 20.18      13      7208834042        9920465351
                                (Accused No.1-    (Accused No.3-
                                Mohd. Ashfaq)     Mohd. Salim)
                                Cell I.D.         Cell I.D No.1311



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                         No.24242            Opp. E. Moses
                         Mahalaxmi           Road
31/07/2013 20.24   11    9769125965          7208834042
                         (Accused No.2-      (Accused No.1-
                         Mohd. Kasim)        Mohd. Ashfaq)
                         Cell I.D.           Cell I.D.
                         No.42251 J.R.       No.24242
                         Boricha Marg        Mahalaxmi
31/07/2013 20.25   22    9920465351          7208834042
                         (Accused No.3-      (Accused No.1-
                         Mohd. Salim)        Mohd. Ashfaq)
                         Cell I.D            Cell I.D.
                         No.24242            No.24242
                         Mahalaxmi           Mahalaxmi
31/07/2013 20.26   12    9920465351          7208834042
                         (Accused No.3-      (Accused No.1-
                         Mohd. Salim)        Mohd. Ashfaq)
                         Cell I.D            Cell I.D.
                         No.24242            No.24242
                         Mahalaxmi           Mahalaxmi
31/07/2013 20.36   122   7208834042          9920465351
                         (Accused No.1-      (Accused No.3-
                         Mohd. Ashfaq)       Mohd. Salim)
                         Cell I.D.           Cell I.D
                         No.24242            No.24242
                         Mahalaxmi           Mahalaxmi
31/07/2013 20.41   11    9769125965          7208834042
                         (Accused No.2-      (Accused No.1-
                         Mohd. Kasim)        Mohd. Ashfaq)
                         Cell I.D.           Cell I.D.
                         No.42251            No.24242
                         J.R. Boricha        Mahalaxmi
                         Marg
31/07/2013 20.44   26    9769125965          7208834042
                         (Accused No.2 -     (Accused No.1 -
                         Mohd. Kasim)        Mohd. Ashfaq)
                         Cell I.D. No.       Cell I.D. No.
                         41532 J.R.          24242
                         Boricha Marg        Mahalaxmi
31/07/2013 20.55   25    9920465351          7208834042
                         (Accused No.3-      (Accused No.1-
                         Mohd, Salim)        Mohd. Ashfaq)
                         Cell I.D.           Cell I.D.
                         No.24243            No.24243
                         Mahalxmi            Mahalaxmi




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