LALA @ KRISHAN KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 7.6.1997 passed by Additional Sessions Judge & Special Judge, Bilaspur, in Special Criminal Case No. 111/1996 convicting the accused/appellants under Sections 376 (2) (g) and 342 IPC and sentencing each of them to undergo rigorous imprisonment for ten years with fine of Rs. 1000 u/s 376 (2) (g) and rigorous imprisonment for one year u/s 342 IPC, plus default stipulations.

(2.) Case of the prosecution in brief is that on 9.2.1993 at 2.30 p.m. FIR Ex. P-11 was lodged by the prosecutrix (PW-10) - a married lady aged about 25 years stating that she was residing in village Dangar with her husband Shivkumar and that at the relevant time she was carrying pregnancy of 4-5 months. On 8.2.1993 she along with Triveni, Rajkumari, Tara and Dilchand had gone to Shivrinarayan Mela and, she got down from the bus, after taking snacks she went to Shivrinarayan town along with her child and while she was opposite one shop, the shopkeeper called her, after going there she asked the shopkeeper to show the clothes for her child on which shopkeeper told her that clothes of good quality were inside the room and as soon as she entered the said room, shopkeeper bolted the door from outside, she raised her cries but the door was not opened and therefore she simply kept sitting there weeping. At about 10-11 in the night shopkeeper (appellant No.1 herein) called accused/appellant No.2 herein. Accused/appellant No.2 came to her, separated the child from her and then after removing her as well as his own clothes committed forcible sexual intercourse with her. Thereafter, accused/appellant No.1 namely Lala also committed the said act on her and then they left the place after bolting the door from outside.

(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.