BABLOO ALIAS BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19-8-1994 passed by the Additional Sessions Judge, Jashpurnagar in Sessions Trial No. 91/1993 convicting the appellants under Section 376 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for ten years and pay fine of Rs. 2,000, in default of payment of fine to further undergo rigorous imprisonment for four months. Case of the prosecution in brief is that on 16-11-1992 FIR Ex. P-1 was lodged by the prosecutrix aged about 16 years alleging that on 14-11-1992 after receiving invitation from her friend Rijhi she had gone to her house along with her friends and after taking meals she stayed there in the night. According to the further case of the prosecution, at about 11 p.m. the prosecutrix came out of the house to answer the call of nature and while she was getting back, accused / appellants caught hold of her, took her outside the township and when she tried to raise her cry for help, they gagged her mouth, threw on the field, accused Jageshwar tore-off her underwear and committed forcible sexual intercourse with her which subsequently was followed by accused/appellant Babloo alias Babulal also. Based on the report lodged by the prosecutrix, investigation was done by the police and challan was filed on 29-11-1992.

(2.) So as to hold the accused/appellants guilty, prosecution has examined as many as 14 witnesses in support of its case. Statements of the accused / appellants were also recorded under section 313 of the Code of Criminal Procedure in which they denied the charge levelled against them and pleaded their innocence and false implication in the case.

(3.) After hearing the parties the trial Court has convicted and sentenced the accused /appellants as mentioned above.