RAMKRISHNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.9.1998 passed by the Sessions Judge, Surguja at Ambikapur in Sessions Trial No.126 of 1998 convicting and sentencing each of the Appellants as under:

(2.) Facts of the case, in brief, are that the prosecutrix (PW2) is a married woman aged about 18 years and at the time of incident, she was residing at her maternal village. On 5.3.1998 at about 6:30 p.m., she had gone to a nearby field situated in some outer area of the village. When she was returning from the field, both the Appellants met her and stopped her. It is further alleged that the Appellants pushed her away. She fell down. Appellant No.1, Ramkrishna dragged her to a nearby field of wheat crop. Appellant No.2, Lalchand also followed them and thereafter both the Appellants committed forcible sexual intercourse with her one by one. After hearing her noise, Ramu (PW3) and Siya (not examined) reached there and both of them saw the Appellants running away from the spot. She told about the incident to Ramu and Siya. She also told them names of the Appellants. After her return to home, she told the incident to her mother Bhagwatibai (PW4). On the date of incident itself, i.e., 5.3.1998 at 11:30 p.m., she lodged First Information Report (Ex.P3). She was medically examined by Dr. Smt. S.P. Jaiswal (PW1). Her report is Ex.P1 in which she did not find any injury over any part of the body of the prosecutrix. Two fingers were easily being inserted into the vagina of the prosecutrix. She was found to be habitual to sexual intercourse. No definite opinion could be given regarding recent sexual intercourse with her. Blouse, saree and underwear of the prosecutrix were seized vide seizure memo Ex.P4. Some broken pieces of bangles of the prosecutrix, one locket and one chain were seized from the place of occurrence vide Ex.P10. Both the Appellants were medically examined by Dr. O.P. Shrivastava (PW6). His reports are Ex.P8A and P9A in which he found the Appellants to be capable of performing sexual intercourse. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellants for offence punishable under Section 376(2)(g) of the Indian Penal Code. Charge was framed against them under Section 376(2)(g) of the Indian Penal Code.

(3.) To bring home the offence, the prosecution examined as many as 6 witnesses. Statements of the Appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the guilt, pleaded innocence and false implication. No witness has been examined in their defence.