LALTA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellants under Section 374(2) of Cr.P.C. being aggrieved by conviction and sentence recorded by First Additional Sessions Judge, Sidhi in S.T. No. 58/96 vide judgment dated 11.6.1997 whereby the appellants have been convicted under Section 376(2)(g) of the IPC and sentenced to R.I. for 10 years with fine of Rs. 1000/- each, with default stipulations.

(2.) The case of the prosecution, in short, is that on 10.4.1996 at about 10.00 AM when prosecurtix was going from village Amilia to the house of her uncle-in-law Shankar Kol (PW-5) at village Chamroha Gadai, at that time, three boys, who were sitting near Bahra beneath a Neem tree, followed the prosecutrix for some distance and then appellant Ramlal Gupta caught hold her, thereafter, other appellants also came there and committed rape on the prosecutrix one by one, threatened the prosecutrix not to lodge the report and fled away from the spot. The prosecutrix came to the house of her uncle-in-law and narrated the incident to her aunt-in-law and Kotwar Jagyasen (PW-4), thereafter, her father-in-law Chhote Kol (PW-7) came there, prosecutrix narrated the story to him and lodged the report on 11.4.1996 at P.S. Amilia and crime was registered. The prosecutrix was sent for medical examination. Dr. Kalpana Ravi (PW-11) examined her and found multiple abrasions and scratches on her forearm and back. MLC report (Ex.P-15) and semen slide were prepared and undergarment of the prosecutrix was seized and sent to the Police Station. The appellants were arrested, their undergarments were seized by the Police on 12.4.1996 thereafter they were sent for medical examination where their semen slides were prepared. The aforesaid seized articles were sent to the FSL. The Asst. Chemical Examiner submitted his report (Ex.P-23) wherein spermatozoa have been found on the semen slides and petticoat of the prosecutrix as well as on the undergarments of the appellants.

(3.) After due investigation, the appellants were charge sheeted before committal Court, from where the case was committed to the Court of Session, from where the case was sent for trial. The learned First Additional Sessions Judge, Sidhi framed the charge under Sections 376/34 of the IPC.