SURESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellants being aggrieved by the judgment dated 31/12/1996 passed by the Special Judge, Sagar in Special Case No.1/1996, whereby the appellants were convicted for commission of offence punishable under Section 354 of IPC and Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act, 1989 (for brevity "Special Act") and sentenced for one year's rigorous imprisonment with fine of Rs.200/- for each count. In default of payment of fine, seven days' rigorous imprisonment was also directed.

(2.) THE prosecution's case, in short, is that on 16.10.1995 the prosecutrix (PW-2) was going from her village Pipariya Matoli to village Setpur by foot along with her husband Halle Bhai (PW-4). THE way for the village Setpur was not known to her, and therefore due to mistake she went to the plantation of village Marpani. THE appellant Bhairam was grazing his cattle there in the way. When the prosecutrix asked him to show the appropriate road, then he also accompanied the prosecutrix and her husband. After going towards the village Setpur other accused persons also met in the way and thereafter the appellant Bhairam also involved with other co-accused persons. THE accused Rakesh held her hands and took her in the jungal and remaining accused persons ran towards her husband to assault, but Halle Bhai ran from the spot to the village Marpani and thereafter he brought his brother-in-law Magan (PW-5) from the village Marpani. In the meantime the accused persons had committed gang rape one by one upon the prosecutrix. Magan identified all the culprits and told their name to the prosecutrix. THE entire incident took place upto 8:00 PM in the night and thereafter the prosecutrix and her husband went to the house of their uncle at village Juna.

(3.) DURING the trial, accused Santosh expired. After considering the evidence adduced by the parties, the Special Judge, Sagar acquitted the appellants from the charges of offence under Section 376 of IPC and Section 3(1)(xii) of the Special Act but convicted them for commission of offence punishable under Section 354 of IPC and Section 3(1)(xi) of the Special Act and sentenced as mentioned above.