ASHOK ALIAS BEERA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 2nd April, 1996 passed by Additional Sessions Judge, Gadarwara in Sessions Trial No. 58/91, convicting the appellants of the charge under Section 366 of the Indian Penal Code. Appellant Nos. 1 and 2, viz., Ashok @ Beera and Hakke have been sentenced to rigorous imprisonment for 3 years with fine of Rs. 500/-. Appellant No. 3 Kodulal has been sentenced to rigorous imprisonment for two years with fine of Rs. 500/-.

(2.) Learned Counsel for the appellants submits that appellant Nos. 1 and 2 have served out their whole of the sentence, therefore, he does not want to press this appeal in respect to them. On perusal of record, it is found that appellant No. 1 Ashok and appellant No. 2 Hakke have been released from jail after serving out their sentences.

(3.) According to prosecution, on 18-1-1990, when prosecutrix (P.W. 2) was going along with her husband Bhola from her parents house at Sokalpur to the house of her husband in Village Bichhua, she was abducted by appellants Ashok and Hakke. She was subjected to rape by them and was taken to Gadarwara, where she was confined in the house of appellant Kodulal. It is said that in the Taparia of Kodulal, accused Ashok again committed rape on her. In Gadarwara, Centre for Public Interest Litigation Vs. Union of India and another, 2003 7 SCC 532.