MOHAN CHAMARU RAM Vs. STATE OF M P

JUDGEMENT

(1.) Judgment in this appeal will equally govern the disposal of connected Criminal Appeal No. 602 of 1976, both of which have arisen from Sessions Trial No. 9 of 76 of the Court of Sessions Rajnandgaon. The appellant-accused Mohan, on his conviction under sections 366 and 376 of the Indian Penal Code, has been sentenced to three years' R. I. on each count with the direction for the concurrent running of sentences, whereas the other appellant-accused Nanhu has been convicted only of the offence punishable under section 354 of the Indian Penal Code and has been sentenced to one year's R. I.

(2.) In the trial Court, both the appellants-accused Mohan and Nanhu along with eight others had been prosecuted under section 366 of the Indian Penal Code for abduction of an unmarried girl Shushila and the appellant-accused Mohan along with eight others had been further prosecuted under section 376 of the Indian Penal Code for commission of rape on her. The appellant-accused, however, was prosecuted for abetment of rape under section 376 read with section 511 of the Indian Penal Code.

(3.) The case of the prosecution was briefly as under: