JAKIR Vs. STATE OF M P

JUDGEMENT

(1.) Challenge in this appeal is to the correctness of the Judgment rendered by a Learned Single Judge of the Madhya Pradesh High Court dismissing the appeal filed by the present appellant who was appellant in Criminal Appeal No. 2750/98 before the High Court. The present appellant was convicted by Court of Session, Tikamgarh. Five persons were tried after alleged commission of rape and abduction in terms of Section 366A and 376(2) of the Indian Penal Code, 1860 (IPC). Out of the five accused persons tried, two absconded and the rest three were convicted by the Trial Court. Trial Court imposed sentence of 10 years for each of the aforesaid offence. So far as the appellant is concerned, he preferred an appeal, as also two co-accused who were convicted by the Trial Court.

(2.) So far as the appellant is concerned his primary stand before the Trial Court and the High Court was that the prosecutrix having not identified him to be one of the persons who subjected her to rape, his conviction cannot be maintained. The High Court did not deal with this aspect but confirmed the conviction and sentences as imposed by the Trial Court. In support of the learned counsel for the appellant submitted that in the examination in chief itself the victim (PW-6) stated as follows :-

(3.) Learned counsel for the State referred to later parts of the evidence where in generalised manner the role of the five accused persons was described.