KHUMAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 18.9.2003 passed by learned Additional Sessions Judge. Sheopur in Sessions Trial No.231/2000 convicting appellant No.5 Ramsingh for the offence punishable under Section 376 IPC and further convicting other appellants for the offence punishable under Section 366 of IPC and thereby sentencing them as mentioned in the impugned judgment, the appellants have knocked the doors of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) In brief, the case of the prosecution is that on 9.3.2000 at 8.00 p.m. when the prosecutrix was cooking the meals at her home, her uncle's son and nephew namely Khuman and Deetaya arrived at her house and told her to accompany them since their father is calling her, as a result of which, prosecutrix accompanied them and went to the house of Mansingh and Veersingh. All these four persons told her to accompany them to the house of appellant Ramsingh at village Kapuria. It is also said that forcibly she was asked to accompany them, as a result of which, she came to village Kapuria and in the house of appellant Ramsingh where she stayed for three months and during this period repeatedly rape was committed by appellant Ramsingh over her.

(3.) Further the case of the prosecution is that one day, she anyhow managed to flee away from the house of Ramsingh and came back to the house of her father and one month after her arrival at her fathers home, she lodged the report. On lodging of FIR. criminal law was triggered and set in motion. Investigating agency sent the prosecutrix for medical examination; recorded the statement of witnesses; arrested the appellants and sent appellant No.5 Ramsingh for medical examination.