RAJESH VISHWAKARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS /accused preferred this appeal under Section 374(2) of the Criminal Procedure Code being aggrieved by the judgment dated 6.12.1996 passed by the Sessions Judge, Sidhi in Sessions Trial No. 98/ 95 whereby, each of the appellant/accused had been convicted for the offence punishable under Section 376(2)(g) of Indian Penal Code and had been sentenced to undergo rigorous imprisonment for ten years with a fine of Rs.2000.00 and in default to suffer further simple imprisonment for two months.

(2.) IT is not in dispute that according to the medical examination report of appellant No.1 Rajesh and appellant No.2 Kamta, both are capable to perform sexual intercourse.

(3.) APPELLANTS /accused abjured their guilt and claimed to be tried, mainly contending that because of some land dispute with Balikaran, the husband of prosecutrix, they had been falsely implicated in the case.