VIJAYSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against judgment dated 19-12-89 passed by the Second Additional Sessions Judge, Khargone, in S. T. No. 187 of 1989 convicting appellant Vijay Singh for the offence under Section 376, IPC and sentenced to undergo RI for 10 years and fine of Rs. 500/-, in default RI for six months, under Section 452, IPC, RI for one year and fine of Rs. 200/-, in default RI for one month under Section 342, IPC, RI for six months and under Section 506-B, IPC, RI for six months. Appellant Kadva was also convicted and sentenced but because of his death, his appeal has abated as per Court's order dated 12-8-98. The Trial Court has also ordered all the substantive sentences to run concurrently.

(2.) THE prosecution case, in nutshell, is that prosecutrix Lata (P. W. 3) was all alone in her house on 8-3-89. Her mother had gone to Rajasthan before one month from the date of occurrence, her elder sister Bharti had also gone to house of her friend. On 8-3-89 in the evening at 7. 00 p. m. appellant Vijaysingh and deceased appellant Kadva came to the house of prosecutrix and asked the whereabouts of her mother and sister. Appellant Vijaysingh demanded a glass of water. The prosecutrix went to next room for bringing water. She was followed by appellant Vijaysingh, who caught hold of the prosecutrix from her waist, threw her on the ground and also gagged her mouth. Kadva threatened prosecutrix and as per direction by the appellant Vijay, he went out of the room and bolted the room from outside. Appellant Vijay at the point of dagger committed forcible sexual intercourse with the prosecutrix against her consent and Will. She was also threatened to face dire consequences if she will lodge the report in the police station. Prosecutrix immediately rushed to house of her elder sister Nirmala and disclosed about incident. First Information Report was not lodged on the same day or immediately because there was no member of the family of the prosecutrix available in the house. Her brothers had also gone to Indore. Report was lodged on 11-3-89 after arrival of her brother Ghanshyam.

(3.) AFTER lodging of the First Information Report, the police stepped into investigation and filed charge-sheet against the accused persons for the offences under Sections 376, 342, 452, 506-II read with Section 34, IPC. The Trial Court framed the charges for these offences against appellant Vijay, who abjured his guilt. The prosecution examined as many as 15 witnesses for proving the guilt of the accused persons and convicted appellant Vijay and Kadva for the aforesaid offences.