KANWAL Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS Boyaram and Naresh @ Ram Naresh have assailed the judgment dated 04-11-1989 delivered by the 1st Additional Sessions Judge, Ambikapur in Sessions Trial No. 139/88, whereby they have been convicted under Section 376 of the Indian Penal Code for committing gang rape and were sentenced to rigorous imprisonment for 10 years.

(2.) IT is not in dispute that co-accused Kanwal, who was also convicted under Section 376 of the Indian Penal Code and sentenced as above, has died during the pendency of this appeal.

(3.) FIRST Information Report, Ex.P-1 was lodged by the prosecutrix on the next day, i.e., 18-10-1987 at 10:30 A.M. at Police Station Lakhanpur situated 30 Kilometers away from the place of occurrence. Dr. Smt. Shashi Prabha Jaiswal, P.W.-5 examined the prosecutrix on 19-10-1987 and found on internal examination that the vulva was swollen, discharged blood stains were present. Tenderness was present, hymen was ruptured and was bleeding at three places on touch. Due to pain, the prosecutrix was not allowing per vaginal examination. Slides were prepared. It was opined that the prosecutrix had been subjected to sexual intercourse. Kanwal was arrested on 21-10-1987 while the two Appellants were arrested on 02-11-1987. On medical examination, Dr. I.D. Bhatnagar, P.W.-7 found that Kanwal and the two Appellants were capable of performing sexual intercourse.