ISHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 30.6.1997 passed by Additional Sessions Judge Raipur in Sessions Trial No. 72/1996 convicting the accused/appellants for the offence punishable under Section 376 (2) (g) IPC and sentencing each of them to undergo RI for ten years.

(2.) FACTS of the case in brief are that on 8.11.1995 FIR Ex. P -6 was lodged by the prosecutrix (PW -1) - a married lady aged about 28 years at the relevant time alleging that on that day at about 7 p.m when she was going to Raipur to sell plums along with her husband who was walking about one furlong ahead of her, accused/appellant Ishwar pushed the basket carried by her, gagged her mouth, accused Narendra took her to the field by catching hold of her hand where both of them committed forcible sexual inter course with her one after the other. After commission of the offence, the accused/appellants left the spot and she started weeping on hearing which her husband stopped and she narrated the entire incident to him. While going to police station for lodging the report, Sonai and Dhani met her and she narrated the incident to them also. Based on this report, offence under Sections 341, 376/34 IPC was registered against the accused/appellants. After completion of investigation, charge -sheet was filed on 11.12.1995 under Sections 341, 376 (2)(g)/34 IPC. Court below however framed the charge only under Section 376 (2)(g) IPC.

(3.) AFTER hearing the parties, the Court below has convicted and sentenced the accused/appellants as mentioned in paragraph No.1 of the judgment.