BHARAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Bharat, aged 25 years, has preferred this appeal against his conviction under S. 376, I.P.C. and sentence of rigorous imprisonment for 4 years inflicted thereunder.

(2.) The prosecution story briefly stated was that on 3-2-84 Mst. Birniyabai (P.W. 2) was alone in her house, because her parents had gone away on that day to attend a fair. The house is in a hamlet called Padaria in an aboriginal district of Madhya Pradesh i.e. Mandla. At About 4 p.m. on that day, two accused named Bharat (appellant herein) and Loku came to that house. Bharat went inside the house and asked for fire being lent to him. When Biriniyabai proceeded to bring fire, Bharat felled her and forcibly committed rape on her. The other accused Loku stood guard at the door of the house. The girl's mother Saniyabai (P.W. 3) unexpectedly returned to the house and on entering inside the house, she found to her dismay that Bharat was copulating with her daughter, Saniyabai tried to catch hold of Bharat, but Bharat freed himself from her hold. Both the accused then ran away.

(3.) Appellant Bharat was charged with commission of offence under S. 376, I.P.C., while the other accused Loku was charged with offence under S. 376/34, I.P.C. Learned Additional Sessions Judge acquitted accused Loku but convicted and sentenced appellant Bharat as described in the opening paragraph.