GOPAL Vs. STATE OF M P

JUDGEMENT

(1.) MALHARGARH Police District Mandsaur had filed charge -sheet against the appellant Gopal and co -accused Hussain, who died during pendency of trial, for the offence punishable under sections 376, 341 and 506 read with section 34 IPC. Though it is a case of gang -rape, the police has not registered the offence under section 376(2)(g) IPC. For the offence under section 376(2)(g) IPC, ~ gang -rape, the minimum jail sentence prescribed is ten years which may extend to life and also a fine, whereas for the offence u/s 376 IPC simpliciter, the minimum jail sentence prescribed is seven years.

(2.) WHILE framing charge, the then learned Sessions Judge Smt. Asha Trivedi (Mandsaur) has also not taken care of it and framed the charge only under sections 376, 341 and 506 IPC against the present appellant Gopal and co -accused Hussain. She has also not even framed the charge against the accused persons with the help of section 34 of the IPC. As a matter of fact, the prosecutrix Guddibai was alleged to have been sexually assaulted at one place and one point of time by present appellant Gopal and co -accused Hussain, but, the learned Sessions Judge has not framed the charge for the offence of gang -rape. While passing the judgment, her successor Shri K.C. Sharma, Sessions Judge, Mandsaur has also not taken care of this glaring defect in the charge and passed the judgment convicting the appellant for the offences u/Ss 376, 341, 506(1) IPC.

(3.) THE contention of the learned counsel for the appellant is that the prosecutrix was aged about 30 years and a married woman carrying pregnancy of six months.