PURAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The judgment passed in this appeal shall also govern the disposal of connected Criminal Appeal No. 919/1996 (Shiv Datt Pathak vs. State of M.P.) since both the appeals have arisen out of same judgment of learned Trial Court convicting the accused persons for the offence punishable under Section 376(2)(g) of IPC. Feeling aggrieved by the judgment of conviction and order of sentence dated 24.02.1996 passed by learned Special Judge, Panna in Special Case No. 6/1994 convicting the appellant under Section 376(2)(g) IPC and thereby sentencing him to suffer jail sentence of 10 years R.I. and fine Rs. 2000/-; in default of payment of fine further imprisonment of 3 months, the appellant has 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 accused Puran Singh is Devar in distinct relation of the prosecutrix. The prosecutrix is daughter of Rattu. According to prosecution on 23.12.1993 in the evening accused persons brought a chicken at the house of prosecutrix and asked her to cook it. But, she put her inability for want of necessary ingredients to cook the chicken in her home. Thereafter, the accused persons went to the market and brought those ingredients and they themselves cooked the chicken at the house of prosecutrix and after eating it they went away from the house and again came back after consuming liquor. It is said that they forcibly committed rape over prosecutrix, as a result of which, she screamed and on hearing the scream, father of prosecutrix arrived to whom she narrated the incident. The FIR was lodged by prosecutrix after 5 days on 28.12.1993.

(3.) On lodging of the FIR, the criminal law was triggered and set in motion. A case was registered under Section 376(2)(g) and also under section 3(1)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in short "Act") against the accused persons. After the investigation was over, a charge-sheet was submitted before the learned Special Judge, who framed charges under Section 376(2)(g) of IPC and under section 3(1)(x) of the Act, which both the accused persons denied and requested for trial.