Criminal - Gang Rape - Acquittal - Challenge against thereto - Section 376(g) of Indian Penal Code, 1860 -

Victim is the wife of accused and she was married with the accused and victim was ill-treated by accused
- One day Accused tied the both feet and hands of victim and after removing her ornaments committed
rape upon her and other accused also came there and in succession all of them committed rape upon
her - Trial court observed that the entire story of prosecution appears to be concocted with the sole
intention to take revenge as the accused has performed the second marriage and accordingly, Accused
was acquitted - Hence, present appeal against acquittal - Appellant contending that trial court has not
appreciated the evidences available on record - Held, as the victim was a grown up woman and she was
subjected to such a heinous crime of gang rape by her in-laws which shattered the faith of woman in
close and intimated relationship - The purpose of this gang rape was to eliminate in such a way that
victim does not remain a sane woman so as to able to offer resistance to second marriage and was not
revenge against accused - Hence, the order of acquittal is set aside - Appeal allowed.

The State of Maharashtra vs. Ambarnath Bapusaheb Gade and Ors. (01.07.2004 - BOMHC) :
MANU/MH/0467/2004