SUKHNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 23.9.1996 passed by the learned Fourth Additional Sessions Judge, Damoh in S.T.No.260/1991, whereby each of the appellants were convicted and sentenced as under:-

(2.) THE prosecution's story, in short, is that, the complainant Birju (P.W.9) had submitted a written report on 18.10.1990 at out post Hirapur of Police Station Bakaswaha, District ChHattarpur that on 20.9.1990, he went to Meddeora bus stand to see off his wife the prosecutrix (P.W.5) and daughter Ram Devi. The appellant No.1 Sukhana who was Patwari in Sadhpur area was also going in the same bus and therefore, on the request of the complainant Birju, the appellant Sukhna accepted the liability of the prosecutrix that her comfort would be taken care of. Thereafter, on 5.10.1990 the complainant himself visited Katangi but, his in-laws informed that neither the prosecutrix, nor her child reached their house and thereafter, the complainant tried to search his wife and ultimately, submitted a report Ex.P/6 dated 18.10.1990. After sometime, the complainant received an information from his wife that she was abducted and after her escape, she was with his maternal uncle Hallu (P.W.3), so the complainant went to the house of Hallu and brought his wife back to his house at village Agar. Thereafter, the prosecutrix had lodged a written complaint Ex.P/5 to the SHO, Police Station Bakaswaha that she was abducted by the appellant No.1 Sukhna and other accused persons namely Shankar and Karan. They kept her in a house of Hari Thakur and they committed rape upon her from time to time. She had also conceived due to that rape. She could get an opportunity to escape and therefore, she went to her maternal uncle Hallu Yadav's house at village Pandajhir and intimated her husband. The officials of police station Bakaswaha registered an FIR, Ex.P/15 and the prosecutrix was sent for her medico legal examination. Dr. Usha Khare (P.W.1) examined the prosecutrix at District Hospital ChHattarpur and gave a report, Ex.P/1. No external or internal injury was found on her person but, a pregnancy of 16 to 18 weeks' was found. The appellants were also arrested and sent for their medico legal examination. After due investigation, a charge-sheet was filed before the JMFC, Bijawar, who committed the case to the Sessions Court, ChHattarpur and ultimately, it was transferred to the learned Fourth Additional Sessions Judge, ChHattarpur.

(3.) AFTER considering the evidence adduced by the parties, the learned Additional Sessions Judge, ChHattarpur, convicted the appellants for the offence punishable under sections 366 and 376 of IPC and sentenced them as mentioned above.