VISHNU Vs. STATE OF M.P.

JUDGEMENT

(1.) The appeal is preferred against judgment and order dtd. 27/6/2000 rendered in Sessions Trial No. 37/1998 by 11th Additional Sessions Judge, Indore, whereby the appellant has been convicted under Sec. 376(2) of the IPC and has been awarded 7 years RI with fine of Rs.200.00 and in default, further to undergo two months RI.

(2.) Co-accused Ramesh was also tried with the appellant. He was charged under Sec. 376(2)/34 of the IPC. He was also convicted under Sec. 354 of the IPC and has been awarded sentence for the period already undergone. He has not preferred any appeal.

(3.) Succinctly stated relevant facts giving rise to the present appeal are that on 21/12/1997 in the evening at about 07:00, the prosecutrix was cooking food in her shanty. Her mother had gone to pick rags. Her father, brother and sister had gone to watch some TV show in the neighbouring house. At that time, both the appellant and the co-accused entered into her shanty. vishnu pulled her by her hands and asked her to permit him to make physical relation. He pushed her on the floor, removed her clothes, his own clothes and raped her. He also pressed her mouth, therefore, she could not screamed. After the incident, Ramesh also asked to allow her to make physical relation but as she resisted, he kissed her and they both ran away. She started weeping. After sometime, her father came and she revealed her ordeal. After two hours, her mother also came, they both revealed the incident before her mother. Father of the prosecutrix went to complain to the father of the accused Vishnu, but he started beating him and also threatened him for dire consequences. The prosecutrix lodged report on the same day at 21:10 in the evening. The police registered crime No. 76/1997 under Sec. 376/34 of the IPC by deducing FIR Ex.P-10 and investigated the same.