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Abettor In Rape Case Will Face Same Punishment As Rape Accused – Bombay HC

2020-02-12

Bombay HC dismissed an appeal filed by Sunil Ramteke 28-year-old labourer who was convicted under 376(2)(i)(j) read with Section 109 of IPC and under provisions of POCSO Act for abetting the rape of a 13-year-old girl.

Facts –

Vitim along with her friend Anjali was going to their friend Harsha's house for when she was called by Sunil Ramteke, who then caught hold of her and took her to the house of Golu Barsagade (co-accused in the case). She was pushed inside the room and was asked by Sunil to have sex with Golu and Sunil will pay the amount. Anjali got the victim's sister Kajal who took the victim out of Golu's house. Following this, they went to the police station where the victim gave her statement

Judgement –

  • Both accused and co-accused were charged under many sections of IPC and POCSO. Both the accused denied all charges and claimed for their trial.
  • It was concluded that the victim had no reason to falsely implicate the accused in the case and sentenced Ramteke to ten years and Golu was also sentenced to ten years imprisonment.
  • Court also rejected the argument by appellant's lawyer that the victim consented for sex

Finally, the appeal was dismissed the circumstances and facts made it clear for the Court that the appellant was having active role in commission of the offence of rape by co-accused Golu.

The acts committed by the appellant which are duly proved by the victim and other prosecution witnesses proves that the appellant was abettor and he abetted co-accused Golu to commit rape on the victim, a minor girl.

 

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