SHIVSINGH, BHAGWANSINGH Vs. STATE OF M P

JUDGEMENT

(1.) Both these appeals are dealt together since they arise out of a common judgment. This common judgment shall govern the disposal of both these appeals.

(2.) These are the appeals of the year 1996 and 1997 and they have been filed under Section 374 of the Cr. P. C. by accused appellants Shivsingh, Mahendra Singh and Mansingh being aggrieved by the common judgment dated 28/11/1996 passed by the First Additional Sessions Judge Shajapur in S. T. No. 221/1995 whereby all the appellants have been convicted for offence under Sections 366 and 376 of the IPC and sentenced to undergo R. I. for three years and ten years with fine of Rs. 500/- and Rs. 1000/- respectively; in case of default of payment of the fine they were to undergo additional three months' and one year's simple imprisonment respectively.

(3.) Brief facts of the prosecution case are that complainant Pavitrabai was staying with her husband at village Neechma. On the date of incident i. e. on 3/7/1995 Mansingh, husband of the complainant had gone at 8.00 p. m. in the night at the house of his cousin father-in-law and the complainant Pavitrabai was at her house along with her father-in-law and mother-in-law. In the night her father-in-law had gone for sleeping in another house. At around 10 o'clock prosecutrix Pavitrabai was lying near the door and the door was opened at that time accused Shivsingh and his brother accused Mahendrasingh, whose already known by the prosecutrix along with six other persons on 29/11/1994 at around 8 O'clock in the night when Rukmabai was pressing the legs of her aged mother Munnibai and her sister-in-law was also present at home, at that time Geetabai came to the house and called her outside. On coming outside accused Geetabai left the complainant Rukmabai in the custody of co-accused Kalu, Kamlabai and Narendra and left the house and all the three accused persons forcefully took her in a bus to Gujarat in village Halod and Chandrapur. Rukmabai was kept in their custody and co- accused Narendra had committed rape on her. A missing persons report was filed on the next day by Raju, the brother of Rukmabai at police station Sagore and on the basis of the report the crime was registered. In the month of September 1995 Rukmabai was recovered from the custody of accused Narendra. However, accused Narendra was absconding.