DASHRATHPURI ALIAS LUKTAPURI SON OF GANESHPURI, OCCUPATION AUTO DRIVER, RESIDENT OF TRIPURI CHOWK, NEAR MEDICAL COLLEGE, JABALPUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE judgment passed in this appeal shall also govern the disposal of connected Criminal Appeal No. 1399/1995 (Vishnupuri v. State of M.P.) since both the appeals have arisen out of the common judgment of conviction and order of sentence. Feeling aggrieved by the judgment of conviction and order of sentence dated 30.8.1995 passed by learned Sixth Additional Sessions Judge, Jabalpur in Sessions Trial No. 288/1994 convicting the appellant of this appeal, Dashrathpuri, under Section 341 and 354 IPC and further convicting co -accused Vishnupuri (appellant of connected Criminal Appeal No. 1399/1995) for the offence punishable under Sections 341, 354 and 376 read with Section 511 IPC and thereby sentencing them to suffer imprisonment as mentioned in para -20 of the impugned judgment, this appeal and connected criminal appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of the prosecution is that on the date of incident when the prosecutrix had gone for evacuation, at that juncture, accused persons met her on the way. It is said that on seeing the prosecutrix, accused Vishnupuri asked the co -accused Dashrathpuri to catch hold her, as a result of which both of them caught her. Eventually, the prosecutrix fell on the ground. In the incident, the buttons of the blouse of the prosecutrix were broken and she received injuries. It is said that accused Dashrathpuri pressed her breasts and also gagged her mouth. Thereafter, other co -accused Vishnupuri uplifted her sari and also put off his own clothes and thereafter, Vishnupuri committed rape over the prosecutrix, as a result of which the petticoat of the prosecutrix was smeared with the sperms of the accused.

(3.) THE first information report was lodged by the prosecutrix on the basis of which a case was registered under Section 376 IPC. The prosecutrix was sent for medical examination. After the arrest of the accused persons they were also sent for medical examination.