RATANLAL Vs. STATE OF M P

JUDGEMENT

(1.) The present appeal has been preferred under Section 374 of Cr.P.C. by the appellants seeking to set aside the judgment of conviction and sentence dated 18.02.2015 pronounced against them by the First Additional Sessions Judge, Biaora, District Rajgarh in S.T. No.33/2014; whereby they have been convicted as under :-

(2.) Admitted facts are that the appellant Ratanlal is the real brother of the husband of the prosecutrix namely Nandlal and it is also admitted that prior to marriage of prosecutrix with Nandlal she had been engaged to be married to appellant Ratanlal.

(3.) Prosecution story in short is that, the prosecutrix lodged a report on 26.12.2013 at Police Station Biaora, District Rajgarh to the effect that while she was feeding the cattle in the night of 20.12.2013, Ratanlal, her brother-in-law (elder brother of her husband) came from behind and caught hold of her hand and when she tried to shout, her mouth was pressed and tried to drag her out. When prosecutrix tried to free herself, appellant Tarvarsingh also came and both of them pressed her mouth so that she may not protest and they dragged her to bamboo grove situated near a well and tried to force themselves upon her. When she protested, Ratanlal threw her on the ground and rapped her and the same act was committed by Tarvarsingh. Thereafter both of them threatened her that she would be done to death, if she narrated the incident to anyone. The prosecutrix returned to her house and narrated the incident to her husband in the next morning, who was not present at home at the time of incident, however, her husband did not believe her and sent her to her parental house. However, prosecutrix was ultimately brought to the Police Station by her husband Nandlal.