PEELARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23.3.1999 passed by the Special Judge, Raipur in Sessions Trial No. 551/1996 convicting the accused/appellants for the offences punishable under Sections 376 and 342 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for ten years and pay fine of Rs. 200 under Section 376 IPC and rigorous imprisonment for one year under Section 342 IPC plus default stipulations.

(2.) CASE of the prosecution in brief is that on 7.11.1996 FIR (Ex. P-14) was lodged by the prosecutrix (PW-1) aged about 24 years alleging that on 6.11.1996 when she was returning after answering the call of nature, accused/appellant Shashidhar Rao came there from behind and took her to the nearby school and after closing the doors committed forcible sexual intercourse with her. It is alleged that when the prosecutrix raised an alarm, number of villagers came there and the appellant Shashidhar Rao was caught hold of by them. Subsequently, in her statement recorded under Section 161 of the Code of Criminal Procedure, the prosecutrix has made improvement and alleged that it was the appellant Peelaram who first committed the offence and thereafter appellant Shashidhar Rao did that. Thereafter, she was sent for medical examination to Primary Health Centre, Mahasamund where she was examined by Dr. Anita Jha (PW-4) who vide report (Ex. P-1) has opined that there was no injury on her private part. On the basis of the FIR lodged by the prosecutrix initially the case was registered under Section 376 against appellant Shashidhar Rao but at the time of filing of challan it was registered under Section 376(2)(g) IPC against both the accused/appellants. Subsequently, the trial Court framed the charges under Sections 376/34 and 342/34 IPC.

(3.) ON the other hand counsel for the respondent/State supports the judgment impugned.