PANNALAL AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment dated 22.11.2005 passed by the learned Sessions Judge, Betul in S.T.No.140/2005, whereby the appellants were convicted for offence punishable under section 376 (2) (g) of IPC and each sentenced for 10 years' rigorous imprisonment with fine of Rs.5,000/-. In default of payment of fine, 3 years' rigorous imprisonment was also imposed in addition.

(2.) Prosecution's case, in short, is that, on 23.3.2005, at about 8 p.m. in the evening, the prosecutrix (P.W.1) was strolling in the street nearby her house, situated at the village Temni (Police Station Betul, District Betul). The appellants asked her to go with them but, she refused to go with them then, the appellants held the prosecutrix and closed her mouth by hands and took her to the house of an old woman Chuniya Bai, which was lying vacant and in that house, the appellants committed rape upon the prosecutrix one by one. The prosecutrix, thereafter ran away from the spot and went to her house and informed about the incident to her parents. The parents of the prosecutrix searched for the appellants but, they could not found them. On the next day, at about 11.30 a.m., the prosecutrix had lodged an FIR, Ex.P/1 at Police Station Betul. She was sent for her medico legal examination. Dr. Nisha Badwe (P.W.6) examined the prosecutrix and gave a report, Ex.P/10. She did not found any external or internal injury to the prosecutrix. However, she prepared 2 slides from her vaginal swab and also taken a sample of pubic hair and one white underwear from the prosecutrix. All such properties were sealed and handed over to the constable for their forensic science analysis.

(3.) The appellants abjured their guilt. They took a specific plea that they were falsely implicated in the matter.