MAHESH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since both the appeals arise out of the same order dated 16.04.1999 passed by Special Judge Durg, in Special Case No. 178 of 1997, they are being disposed of by this common judgment.

(2.) What is unveiled from the material on record is that on 30.09.1996 when the prosecutrix (PW-2) aged about 30 years at the relevant time was present in her house along with her husband (PW-3), at about 11.00 PM, the accused/appellants came there, threatened the husband and took her away to an isolated area where they committed forcible sexual intercourse with her one after the other, and at about 7.00 AM they let her free. After she returned home, disclosure was made to her husband followed by lodgment of the report (Ex.P-2). After medical examination, prosecution filed the challan and eventually the charge was framed against both the accused/appellants under Sections 363, 376(2)(g) IPC and 3(i)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the Special Act).

(3.) Learned Court below vide judgment impugned acquitted the accused/appellants of the charge under Sections 363 IPC and 3(i)(x) of the Special Act but has convicted them under Section 376(2)(g) IPC and sentenced each of them to undergo RI for 10 years with fine of Rs. 500/- plus default stipulations.