KUNWARSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 20.1.1998 passed by the learned Special Judge, West Nimar (Mandleshwar) in Special Case No. 196/1997 convicting appellants under sections 148', 366 /149 IPC and thereby sentencing them to suffer one year and four years RI respectively and further convicting the first appellant under section 376(1) IPC and sentencing him to suffer 7 years RI apart from fine mentioned in the impugned judgment with defaulting clause, the appellants have taken shelter of this Court by preferring this appeal under section 374(2) of the Code of Criminal Procedure, 1973. The alarming feature in this case is that although the Constitution of this country was framed 62 years ago but there are certain places in this country where still the girls are being sold by their father as it happened in the present case as per the defence of the accused persons.

(2.) In brief the case of the prosecution is that the prosecutrix is the daughter of Ter Singh (Ber Singh) r/o Badgaon. On the date of incident i.e. 14.3.1997 the father of the prosecutrix was sitting outside of his house and the prosecutrix was discharging household work. At that juncture, accused persons namely Kunwar Singh, Naval Singh, Raliya, Mayaram, Parmu, Bharat and Jagan with an intention to kidnap the prosecutrix so that she may be compelled to marry with accused Kunwar Singh uplifted her from her father's house. It is said that the appellants were armed with bow and arrow, faliya (sharp-edged weapon) etc. Some of the accused persons brandished the arms which they were carrying upon the father of prosecutrix so that he may become helpless and could not move. Rest of the accused persons entered inside the house and uplifted the prosecutrix on the point of the arms which they were carrying and brought her to the house of first appellant Kunwar Singh at Dongargarh. Except first appellant Kunwar Singh all the other accused persons used to sleep outside the house where the prosecutrix was kept. In the night first appellant committed rape over the prosecutrix and whenever she tried to flee away, threat of life was given to her by the appellant No. 1. In the night the other accused persons used to lock the house from outside in which the prosecutrix and first appellant were staying and during the day hours some of the accused persons one by one were watching the house so that family members of the prosecutrix may not come from their village to get the prosecutrix released.

(3.) It is the further case of the prosecution that the father and family members of the prosecutrix were searching her since 14.3.1997 and ultimately they lodged a report in Police Station Kasrawad on 15.3.1997 naming the accused persons. It is said that on 5.4.1997 when the prosecutrix arrived back to parents house of her own, on 7.4.1997 she was sent for medical examination and also for Radiological examination in regard to verification of her age. The accused persons were arrested on different dates and after investigation was over a charge-sheet was submitted in the committal Court who committed the case to the Court of Sessions and from where it was received by the trial Court for trial.