MUNNALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH the appeals are directed against a common judgment therefore, both the appeals are decided by a common judgment.

(2.) THE appellants have preferred these appeals against the judgment dated 29.11.2008 passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act Tikamgarh in Special Sessions Trial No.14 of 2007 by which the appellants were convicted for offence punishable under Section 376(2)(g) of I.P.C and sentenced for 10 years rigorous imprisonment. In addition the appellant Tunda @ Bharat Singh was imposed upon a fine of Rs.1000/- with a six months additional R.I in default of payment of fine whereas, a fine of Rs.10,000/- was imposed upon the appellant Munnalal and he was to undergo two years additional R.I in lieu of default of payment of fine.Prosecution's case in short is that the prosecutrix (P.W.1) is a mentally retarded, insane woman. Her marriage was performed by her parents but, looking to her mental condition she was left by her husband. In the month of February or March 2006 the prosecutrix went to the field of her parents to provide lunch to her father. In the field of Munnalal Ahirwar the appellants held her and committed rape upon her turn by turn and thereafter, she was threatened that she should not say anything to anyone. Being a mentally derailed person the prosecutrix did not inform anyone. On 9.7.2006 when her mother Phoolwati (P.W.2) suspected that prosecutrix was pregnant she was interrogated by Phoolwati with the help of Munni Bai, sister-in-law of the prosecutrix then she told the entire story to them. Phoolwati lodged an FIR Ex.P/1 on 9.7.2006 at Police Station, Niwadi. The prosecutrix was directed for her medico legal examination. The appellant Tunda @ Bharat Singh was also arrested and sent for his medical examination whereas, appellant Munnalal was found absconding. After due investigation Police had filed a charge sheet before the concerned Magistrate Tikamgarh. Before filing of the charge sheet the appellant Munnalal was also arrested. Case was duly committed to the Special Court under SC/ST (Prevention of Atrocities) Act Tikamgarh for trial.

(3.) LEARNED Senior Advocate Shri Manish Datt has submitted that there is no iota of evidence against the appellant/accused Tunda alias Bharat Singh. All the witnesses turned hostile in respect of the appellant Tunda alias Bharat Singh. Prosecutrix has stated that appellant Tunda was standing at the time of incident and therefore, he was also convicted otherwise initially there was an allegation against the appellant Tunda alias Bharat Singh that he committed rape upon the prosecutrix and it was a case of gang rape. Under such circumstances, appellant Tunda alias Bharat Singh may be acquitted.