GOPAL SEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) As these three appeals arise out of the same judgment and order dated 16.7.1996 passed by Additional Sessions Judge, Raipur in Sessions Trial No. 45/1996 convicting the accused/appellants Gopal and Kanhaiya in Cr.A. 1222/1996 and Cr.A. No. 1326/1996 under Sections 342 and 376 (2) (g) IPC and sentencing each of them to undergo rigorous imprisonment for one year u/s 342 and 10 years u/s 376 (2) (g) IPC; and convicting accused/appellant Sadhani Bai in Cr. A. No. 2184/1996 u/s 342, 366 and 376 (2) (g) IPC and sentencing her to undergo rigorous imprisonment for 1 year u/s 342, 5 years u/s 366 and 10 years u/s 376 (2) (g) IPC, they are disposed of by this common judgment.

(2.) Facts of the case in brief are that on 30.11.1995 FIR (Ex. P-1) was lodged by the prosecutrix (PW-1) aged about 17 years alleging that she was residing in her house along with her father Manglu and that her marriage was solemnized about 5 years prior thereto but till that date she did not go to her matrimonial house. On 27.11.1995 at about 9 p.m. when she was going to answer the call of nature, accused Sadhani Bai alias Kachara Bai met her and in spite of her protest dragged her to her house by catching hold of her hand where accused Gopal and Kanahiya were already present. Accused Sadhani Bai asked Kanahiya and Gopal to ravish and kill her. Thereafter, said Sadhani Bai came out and bolted the door from outside. Inside the house, accused Kanahiya and Gopal gagged her mouth, threw her on the ground and after upturning her sari and petticoat committed forcible sexual intercourse with her. Though she tried to raise an alarm, she failed to do so as her mouth was gagged and that after commission of the offence by accused Kanahiya, it was repeated by accused Gopal. It is alleged that at that time they were talking to each other that they would ravish her until she died and the incident of rape went on till 3 a.m. in which both the accused/appellants had subjected her to rape four times each. It is alleged that on account of the act of the accused persons, she felt pain and became unconscious and then they had left her thinking that she would not survive. After regaining consciousness when she saw, accused Sadhani Bai was dragging her out of the room threatening her that if she disclosed the incident to anyone, she would be subjected to the same act again. It is alleged that somehow she reached her house and again became unconscious. On 30.11.1995 feeling a little better, she disclosed the incident to Biru Bai Sahu, Phool Bai and her father Manglu (PW-2) and then after being consoled by the Sarpanch, the report was lodged by her. Based on this report, offences under Sections 342, 376, 307 and 34 IPC were registered against the accused persons. Prosecutrix was medically examined on 2.12.1995 by Dr. (Smt.) N. Mukherjee (PW-5) who gave her report Ex. P-7. After investigation the charge sheet was filed by the police on 14.12.1995 for the offences under Sections 376 (2) (g), 307, 342, 366 and 34 IPC. Court below framed the charges against accused Gopal and Kanahiya under Sections 342, 376 (2) (g) and 307 and against accused Sadhani Bai under Sections 342, 366, 376 (2) (g) and 307 IPC.

(3.) In support of its case, prosecution has examined 10 witnesses. 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.