RAJ KUMAR BAJAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) As these two appeals arise out of the same judgment and order dated 24.9.1997 passed by Special Judge/Additional Sessions Judge, Raipur in Special Criminal Case No. 426/1996 convicting the accused/appellants under Sections 363/34, 366/34 and 506-B IPC and sentencing each of them to undergo rigorous imprisonment for 3 years with fine of Rs. 150/- u/s 363/34, rigorous imprisonment for 5 years with fine of Rs. 200 u/s 366/34 and rigorous imprisonment for 3 years with fine of Rs. 150 u/s 506-B IPC, plus default stipulations, they are disposed of by this common judgment.

(2.) Facts of the case in brief are that on 26.10.1996 FIR Ex. P-3 was lodged by the prosecutrix (PW-3) aged about 16 years at the relevant time that on 21.10.1996 at about 4 p.m. when she was going to her mother who was selling vegetable in the market, on the way accused/appellants whose names she came to know later, met her, accused Raja who was having a knife threatened her, took her to Danitola and confined her in a room which was bolted from outside. Thereafter, both the accused/appellants left the spot. As both the accused/appellants were calling each other by name, she came to know about their names. Before taking her to Danitola, they collected the key of the said house from another house at Gokulpur and on the way while sitting in rickshaw, accused/appellant Raja was pressing her breasts showing her knife. In the evening accused Raja came there and committed forcible sexual intercourse with her and he remained with her for the entire night and during this period he threatened her too. She was kept in confinement for three days and when accused Raja used to go out, lock was put on the door and in the night he used to commit sexual intercourse with her. On 25.10.1996 accused Raja left the place after informing her that he was going to Nagpur and at about 1-1.30 in the midnight, her father, mother and neighbour came there and called her by name and after the latch of the house was opened by someone, she came out of the house and informed the incident to her mother and father and then the report was lodged. Based on this FIR, offences under Sections 363, 366, 376, 34, 342, 506-B IPC and 3 (1) (xii) of the Scheduled Caste and Scheduled Tribe (Prevention of atrocities) Act (for short the "Special Act") were registered against the accused/appellants. Prosecutrix was medically examined on 26.10.1996 by Dr. (Smt.) Asha Tripathi (PW-8) who gave her report Ex. P-6. After completion of investigation, charge sheet was filed by the police on 13.11.1996 for the offences under Sections 363, 366, 376, 34, 342, 506-B IPC and 3 (1) (xii) of the Special Act. Court below framed the charge against accused/appellant Pappu under Sections 363/34, 366/34, 342/34, 376/34, 506-B IPC and 3 (2) (v) and 3 (1) (xii) of the Special Act and under all the Sections except 506-B IPC against accused Raja also.

(3.) In support of its case, prosecution has examined 12 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.