AMAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Cr.A.No. 3080/1998 filed by the Accused-Appellants Amar Singh, Sajjan Ram and Karmu, and Cr.A.No. 2586/1998 filed by the Accused-Appellant Dhakad Ram have been preferred against judgment dtd. 13/10/1998 passed in Sessions Trial No. 139/1998. Thus, both the appeals are being disposed of by this common judgment.

(2.) These appeals are directed against the judgment of conviction and order of sentence dtd. 13/10/1998 passed by the Sessions Judge, Surguja in Sessions Trial No. 139/1998, whereby and whereunder the learned Additional Sessions Judge, after holding the Accused/Appellants along with three other co-accused persons guilty for committing gang rape on the prosecutrix, convicted each of them under 376 (2) (g) of the IPC and sentenced them to undergo rigorous imprisonment for ten years and pay a fine of Rs.10,000.00. In default of payment of fine, they were ordered to undergo further rigorous imprisonment for two years.

(3.) The impugned judgment is challenged on the ground that without there being any credible evidence against the appellants for abducting and committing gang rape upon the prosecutrix, the learned trial Court has convicted and sentenced the appellants and other co-accused persons as aforementioned.