GOMTI BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this common judgment, Criminal Appeal No. 408/2009 and Criminal Appeal No. 478/2009 arising out of one judgment dated 19.06.2009 passed in S.T. No.4/08 by learned Fifth Additional Sessions Judge (FTC), Morena, are being disposed of.

(2.) APPELLANTS have filed two separate appeals against the judgment dated 19.06.2009; whereby appellant Gomtibai (Cri.A.No.408/09) has been convicted for the offence punishable under Section 366 (A) read with Section 120 -B of IPC and sentenced to undergo R.I. for seven years and fine of Rs.500/ - has been imposed upon her, while appellants Jawant and Pratap (Cri.A.No.478/09) have been convicted for the offence punishable under Section 376 (2)(g) of IPC and each of them has been sentenced to undergo R.I. for ten years and fine of Rs. 1,000.00 each has been imposed upon them. Appellant Pratap has further been convicted for the offence punishable under Section 366 (A) of IPC and sentenced to undergo R.I. for seven years and fine of Rs.500/ - has been imposed upon him.

(3.) AFTER investigation challan has been filed against appellants and Hukum Singh and Premabai, who had brought the prosecutrix from Delhi and it is alleged that they threatened the prosecutrix not to lodge any report with the Police. Learned trial Court after trial of the appellants Pratap Singh for the offence punishable under Section 366 (A), 376 (2)(G) and Section 190 of IPC, against appellant Jaswant charges for the offence punishable under Section 366 (A), 376 (2)(G) and Section 190 of IPC., against Gomtibai, charges for the offence punishable under Section 366(A) read with Section 120 -B of IPC, against co -accused Hukum Singh for the offence punishale under Section 366 (A) read with Section 120 -B and 190 of IPC and against Premabai, charges for the offence punishable under Section 366 (A) read with Section 120 -B of IPC and acquitted the appellants Hukum Singh and Premabai and convicted the appellants Gomtibai, Pratap and Jaswant as mentioned in paragraph 1 of the impugned judgment.