BANESINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under section 374(2) of the Code of Criminal Procedure is filed by accused Banesingh s/o Parvatsingh and Banesingh s/o Nagusingh who have been convicted u/ss 376 and 376/114 of the Indian Penal Code and sentenced to 10 years' RI with fine Rs. 500/ , and 5 years' RI with fine Rs. 500/ , respectively, by Ilnd Addl. Sessions Judge, Ujjain, vide his judgment dated 18.5.1990 in Sessions Trial No. 232/1987.

(2.) THE prosecution case against the appellants in the trial Court was that on 3.9.1987, around 6 O'clock in the evening, in the fields of village Dhanodia, Smt. Anokhibai (PW 5), a married woman aged about 30 years, and her sister in law (husband's brother's wife) Pyaribai (PW 6) aged about 45 years, were returning home when in the way, accused persons intercepted them. Accused Banesingh s/o Parvatsingh carried knife while Banesingh s/o Nagusingh was armed with lathi. In the first instance, both the ladies managed to escape. However, at some distance, they were again stopped by the accused persons, accused Banesingh s/o Parvatsingh caught hold of Anokhibai, fell her on the ground and had his way with her notwithstanding the resistance and cries raised by the lady. In the scuffle, the prosecutrix received injury on her left thumb caused by knife carried by the accused. During all this period, co accused Banesingh s/o Nagusingh kept watch on Pyaribai and did not allow her to leave the scene of occurrence. Anokhibai, on her return to home, related the incident to her husband Mansingh (PW 7). A report of the. incident vide Ex. P 5 was lodged by Anokhibai the next day (i.e., on

(3.) THE allegation of commission of rape is on accused appellant Banesingh s/o Parvatsingh while the other accused Banesingh s/o Nagusingh is charged with the abetment of the commission of the said offence by the former. It is, therefore, to be seen whether these charges are brought home to the appellants.