KRISHNA KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant was tried by the 2nd Additional Sessions Judge, Raipur, for offence under Section 376 of the Penal Code. He was found guilty of that offence and sentenced to rigorous imprisonment for three years.

(2.) THE case for the prosecution was that Kachrabai (P. W. 1), who was residing with her father Shobha (P. W. 2) at Mahasamund, left her father's house on May 17, 1961, because she had been reprimanded by her grandmother Mst. Rambha (P. W. 17 ). She decided to go to her friend Mst. Savitribai who resided at Tumgaon. After she had walked on foot for about two miles, Ghasiram (P. W. 3) happened to pass that way in his bullock-cart. He gave her a lift but, instead of going to Tumgaon, Ghasiram took her to his own village, Aiang, which is in a different direction. As it had become dark, she spent the night as Ghasiram's guest. The next day (that is, on 18th May), Dayalal (P. W. 4) persuaded her to go back to her father's house and purchased a railway ticket for her (from Arang to Mahasamund ). Dayalal seated her in the train bound for Mahasamund at Arang railway station. However, Ramharl accused took her out of the compartment, seated her on his bicycle and took her to a 'sitaphal' garden on the pretext, allegedly, that her father who had come in search for her was waiting there and wanted her. Khorbahara accused followed them on another bicycle. In the garden Ramhari had carnal knowledge of her. Nearby there was a hut of a blind man, Dukala (P. W. 21), where the girl stayed throughout the night with Ramharl by her side. In that hut Shankerlal accused had carnal knowledge of her. On the following morning (19thmay), Ratanlal (P. W. 14) and Lalsingh (P. W. 15) happened to see Kachrabai coming out of the hut and on interrogation she told them that she had stayed in the hut at the instance of "a Brahman and a Nai". According to the prosecution, Ramhari being a Brahman and Shankerlal being a barber, the girl referred to these two accused. Ratanlal and Lalsingh asked her to leave that place. She remained at the nearby tank called 'nawa Taria' for a while, awaiting the return of Ramhari from his house. As he did not come for some time, she left the tank all alone for Tumgaon. Having walked some distance, she saw Krishna Kumar appellant passing by her on a motor cycle. A little later, he returned with Shankerlal accused. With Shankerlal's aid, the appellant Krishna Kumar took her aside and had carnal knowledge of her. Shankerlal then took her to a tea stall. Thereafter the accu'sed Harold met her and then came Ramhari and also Badri. Ramhari and Kachrabai started towards Tumgaon. Ramhari seated her on his bicycle. They were followed by Badri and Harold. On the way, Harold pulled her by the arm, took her under a Mahuwa tree and he too had carnal knowledge of her. Then Harold went away. Thereafter, Ranjit Tiwari a police constable, reached there and, suspecting something foul, took her to Tumgaon Police Station. There her first information report (original of Ex. P. 1) was recorded. She was then medically examined.

(3.) THE learned Additional Sessions Judge, Raipur, has believed the prosecution story and has convicted the appellant as stated above.