BABU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These appeals filed under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (In short "Cr.P.C) take exception to the common judgment dtd. 29/01/2013 passed in Sessions Trial No.209/2011 whereby both the appellants have been convicted under Sec. 376(2)(g) of Indian Penal Code and directed to undergo sentence of life imprisonment with fine of Rs.1000.00 and Sec. 366 of Indian Penal Code and directed to undergo R.I. for 5 years with fine of Rs.1000.00, with default stipulation.

(2.) In short, the story of prosecution is that on 29/03/2011 when prosecutrix was coming back from a coaching class on her bicycle, near Post Office Shahpur, the accused persons namely Hridesh Soni, Babu Jagtap and Girish Dhanani, who were riding a bicycle informed her that they may provide her guess papers of Class-9th. Thereafter, in a TVS motorcycle appellant Babu proceeded further whereas appellant Girish and accused Hridesh accompanied her in a motorcycle till Devdadeo culvert. The prosecutrix was in her own bicycle. At this place, the prosecutrix's face was tied by them by a piece of cloth and appellant Babu started the motorcycle and prosecutrix was compelled to sit in the middle seat of motorcycle and appellant Girish sat on the last seat. They took motorcycle in a very high speed to a temple near Kotmi. As per the prosecution story, all of them committed rape with her one by one and entire incident was recorded through a video camera. Since prosecutrix was alone in the jungle, nobody helped her despite the fact that she cried and screamed. She was later-on released by said three persons near Devdadeo. At Devdadeo, the entire video recording of incident was shown to her by a video camera by appellants and she was threatened that if she tells about this incident to anybody, the video film will be uploaded to Internet and she and her mother will be killed.

(3.) On 11/07/2011, when prosecutrix was going to school, all the aforesaid accused persons stopped her and asked her to accompany them, otherwise they will upload the CD of said recording of incident of rape to internet. At this stage, the prosecutrix informed about the incident of rape of 29/03/2011 to her mother Babita Jain, father Sunil Jain and uncle Anil Jain. They lodged a report in Police Station Shahpur which was recorded as Crime No.161/2011 under Ss. 363, 366, 376(2)(g) and 506 of the IPC.