KOMAL SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 2-9- 1996 passed by 4th Additional Sessions Judge, Raipur in Sessions Trial No.333/1994. By the impugned judgment, accused persons/appellants Komal Sahu, Tika Ram Yadav and Santosh Kumar Kewat (now dead) have been convicted under Sections 376/511 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 3+ years each and to pay fine of Rs.1,000.00 each, in default thereof, to further undergo imprisonment for six months each. By the impugned judgment, two other accused persons, namely, Dhanraj and Prahalad Dheemar were acquitted of the charges framed against them.

(2.) DURING pendency of the appeal, accused Santosh Kumar Kewat died on 8-6-2006, therefore, the appeal abated against him vide order dated 18-11-2011.

(3.) SHRI V.K.Sharma, learned counsel for the appellants argued that the First Information Report (Ex.P-5) was lodged at belated stage after due deliberation. The evidence of the prosecutrix and Kumari Purnimabai (PW-1) is not cogent and reliable. Therefore, the conviction cannot be based on their testimonies. Hence, the appellants deserve to be acquitted of the charges framed against them.