AGHNU Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS Aghnu and Chaitu have been convicted under Section 376 (2) (g), IPC and sentenced to rigorous imprisonment for ten years and to a fine of Rs. 1000/- each.

(2.) THE prosecution case is that on 26-5-1998 at 10 A. M. Reotibai (P. W. 1) aged about 17 years was returning from Village Naijhar and when she reached Chimkatola she was caught hold of by accused Aghnu and Chaitu and they took her inside the forest and committed rape on her one by one. They threatened her with dire consequences, if she disclosed this incident to anyone. On her cries Vinod (P. W. 3) came there and scolded the accused persons and then they ran away. She came to her house and narrated the incident to her grand-mother aged about 90 years and Dholidas (P. W. 2) who is Kotwar of the village. She was suffering from epilepsy and on account of the threats given by the accused she could not go to the police station earlier. She went to the police station 8-6-1998 and lodged the FIR (Ex. P-1 ). After investigation the charge-sheet was filed.

(3.) THE accused persons pleaded not guilty. Their defence is that they have been falsely implicated.