RAJKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants Raj Kumar and Motu have been convicted under Section 376, Indian Penal Code for committing rape on Rukmanibai (P.W.4) aged about 40 years on 30-10-1996 at 1 A.M. near a canal in Bhatapara, Raipur and each of them has been sentenced to rigorous imprisonment for ten years. Appellant Rajkumar has been further convicted under Section 452 and accused Motu under Sections 452/34, I.P.C. and each of them has been sentenced to rigorous imprisonment for three years on that count. They have filed this appeal from Jail under Section 383, Cr. P.C. where they are lodged from 31-10-1996.

(2.) The prosecution case was that Rukmanibai (P.W. 4) aged about 40 years was living as a tenant in the house of accused Rajkumar in Bhatapara. She was married to Hiralal when she was young. She had two sons through him. She left him and after ten years she remarried Ramdas. She left him also after seven years. She was living alone and doing the work of coolie to eke out her livelihood. On 30-10-1996 at 1 O'clock on the night she was sitting in her house. At that time accused Rajkumar came to her and caught hold of her hand. Motu was outside the house. The bangles of her hand were broken. They took her at some distance near the canal and had forcible sexual intercourse with her one by one. She resisted but the accused threatened her. She came back to her house and narrated the incident to her neighbours Mantram and Bhadobai. Next day she lodged the F.I.R. Ex. P-4 at Bhatapara Police Station at 7.15 A.M. She was sent for medical examination. She was examined by Dr. Rita Chaba (P.W.6) at 11.45 A.M. but she did not find any injury on her person or on her genitals. She also did not find any sign of recent sexual intercourse with her. The medical report is Ex. P-7.

(3.) The accused persons pleaded not guilty. Their defence was that they have been falsely implicated.