KOMAL PRASAD DHIMOLAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since both the appeals are related with the common judgment dated 30.3.2001 passed by Additional Sessions Judge, Gadarwara, District Narsinghpur in S.T.No.5/2000, therefore, both the appeals are hereby decided by this common judgment.

(2.) The appellants have preferred this appeal against the aforesaid judgment passed by the learned Additional Sessions Judge, Gadarwara, District Narsinghpur, whereby the appellants Jaiprakash, Satish Verma and Komal Prasad were convicted for the offence punishable under section 376 read with section 34 of IPC and sentenced for 10 years Rigorous imprisonment with fine of Rs.500/-, whereas remaining appellants and the appellant Jai Prakash were convicted for the offence punishable under section 498-A of IPC and sentenced for 2 years rigorous imprisonment with fine of Rs.500/- and in each default of payment of fine, 3 months' rigorous imprisonment was also directed as default sentence.

(3.) The prosecution's case, in short, is that, the prosecutrix (P.W.1) was the wife of the appellant Jai Prakash. A matrimonial dispute was initiated between them but, ultimately, it was resolved in the Court with a compromise and therefore, on 17.11.1998, the appellant Jai Prakash took the prosecutrix to his house. The prosecutrix was kept in the house of the appellant Jai Prakash situated in the field at village Aamgaon Chhota (Police Station Gadarwara, District Narsinghpur). She was harassed by so many methods. She was directed to work in the fields. In the month of December, 1998, the appellant Pyari Bai, mother-in-law of the prosecutrix assaulted her by slaps and fists and other appellants, except Komal and Satish asked her to bring a sum of Rs.1,50,000/- otherwise, directed her to leave the house. In the end of December, 1998. the appellant Jai Prakash sent his parents and relatives to the house situated in the village and thereafter, at about 10 p.m. in the night, he came to the house alongwith the appellants Komal and Satish Verma. The prosecutrix was taken to the bedroom of the house and thereafter, the appellant Jai Prakash assaulted her by kicks and fists and shown a knife to her and directed her to undress. The appellant Satish Verma was taking photographs while the prosecutrix was removing her clothes. Thereafter, the appellant Komal Dhimole pressed her breasts and tried to insert his penis in her vagina but, he could not complete the intercourse. Satish Verma took the photographs of the entire incident. Thereafter, the appellant Jai Prakash took the camera with him and the appellant Komal shown a knife to the prosecutrix and thereafter, the appellant Satish committed rape upon her. The photographs were taken by the appellant Jai Prakash during the incident. Thereafter, the appellant Jai Prakash also committed rape with the prosecutrix in front of other appellants. Thereafter, they threatened her not to tell anyone about the incident. After the incident, the prosecutrix was kept in watch and she was not permitted to talk with anyone. During this period, she was harassed by several methods. On 14.1.1999, at about 4 a.m. in the morning, the prosecutrix could escape from the house along with her daughter aged 2 years and by taking a bus, she went to her parents house at village Sahaban. She told the entire story to her father, brother Ganesh and other relatives Bhairo Prasad Verma and Jagdish Patel. On 15.1.1999, she had lodged a written report to SHO, Police Station Gadarwara, in which she had mentioned the entire story and also mentioned that she could not lodge report on 14.1.1999 because she was of the view that defamation could be caused in lodging such an FIR. The prosecutrix was sent to the District Hospital, Narsinghpur for her medico legal examination, where Preeti Singhai (P.W.6) examined her and gave a report, Ex.P/13. The appellants Jai Prakash, Komal and Satish were also sent for their medico legal examination. After due investigation, a charge-sheet was filed before the JMFC, Gadarwara, who committed the case to the Sessions Judge, Narsinghpur and ultimately, it was transferred to the Additional Sessions Judge, Gadarwara.