Document Fragment View

Matching Fragments

10. After Accused no.3 - Mohd. Salim and the appellant - Mohd.

Ashfaq came out, accused no.2 - Mohd. Kasim went inside and raped the prosecutrix. By that time, accused no.4 - Vijay M. Jadhav and juvenile-in-conflict-with-law had also arrived there. They too, in turn, subjected the prosecutrix to forcible sexual intercourse and also committed unnatural sex by inserting penis in her anus and forcing her to take penis in her mouth.

11. Thereafter, they brought her out from the shrubs to the place where PW-19 Krishna was held up with his hands tied. They untied his hands and brought both the prosecutrix and PW- 19 Krishna to Mahalaxmi Railway Track. Before leaving them, the appellant and the accused had threatened the prosecutrix and PW-19 Krishna of dire consequences if they disclose the incident to anyone and thereafter went in the opposite direction. The prosecutrix and PW-19 Krishna returned to Mahalaxmi Railway Station.

51. Appellant - Ashfaq then held her hands and removed her clothes. Accused No.3-Mohd.Salim removed all his clothes, pushed and fell her on the ground. She testified that Accused No.3-Mohd.Salim asked her to take his penis in her mouth. When she refused, he forced his penis in her mouth. At that time, he was standing and he had made her to kneel. Then he made her to lie down on the ground and inserted his penis in her private part. Thereafter, appellant - Ashfaq removed his clothes and did the same thing. Her evidence further reveals that appellant - Ashfaq made a phone call and said "esjk dke gks x;k] vHkh rq vk tk". Third person to whom the prosecutrix later identified as accused No.2- Mohd. Kasim 28 of 74 210-15-Apeal-J=.doc came over there. He too removed his clothes. She requested him to leave her as she was suffering from pains, however, he did not listen and said that she was complaining a lot. Thereafter, he beat her and inserted his penis in her private part. Her repeated requests to leave her alone fell on deaf ears.

52. Fourth person to whom the prosecutrix later identified as accused No.4 - Vijay Mohan Jadhav arrived at the scene. He too removed his clothes, lied on her body and inserted his penis in her private part. Thereafter, fifth person to whom the prosecutrix later identified as juvenile-in-conflict-with-

law, Akash came over there by saying "fd/kj gS fd/kj gS" and the fourth person namely accused No.4-Vijay Jadhav told him "b/kj gS b/kj gS vk tk". The fifth person i.e juvenile-in-conflict- with-law Akash also came near her and removed his clothes. He inserted his penis in her mouth. She had a sensation of vomiting. Thereafter, the juvenile had put a condom on his penis and forcibly inserted his penis in her private part.

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