LAKHANLAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is filed by appellant Lakhan Lai challenging the legality and correctness of the judgment and order dated 15-5-2001, passed by Additional Sessions Judge, Khandwa whereby the appellant has been convicted for the offences punishable under Sections 376(1), 366 and 506, Part II of Indian Penal Code and sentenced to R. I. for ten years and fine of Rs. 1,000.00, R.I. for five years with fine of Rs. 300.00 and R. I. for one year with fine of Rs. 100.00, respectively. All the above sentences of imprisonment were directed to run concurrently.

(2.) The prosecution story unfolded during the trial is that in the intervening night of 7th and 8th April, 2000 prosecutrix Swati was sleeping in her house. Her parents and siblings were also sleeping in the house. At about 3 a.m. appellant armed with an axe entered the house of prosecutrix. He collected her wearing apparels and caught hold of her hand and took her with him. He gave threat to the prosecutrix that if she will shout, she will be done to death. He took her from village Kuntha to village Jamthi on foot. From village Jamthi they boarded in a truck and reached Deshgaon. Appellant went on giving threats to the prosecutrix. From Deshgaon appellant took Swati in a truck to Khargaon where he talked to his wife Tara Bai alias Guddi and informed her that he will marry Swati. On the same day in the evening the appellant took Swati to Kasrawad and at Kasrawad he kept Swati at his Mausa's house for about 8 days and committed rape on her. Thereafter, the appellant took Swati front Kasrawad to Theebgaon where he kept the prosecutrix at the house of his sister. The appellant committed rape on prosecutrix several times. Thereafter he took the prosecutrix from Theebgaon to Khargaon and kept in a hut outside the township for about 8 days. Here also appellant committed rape on prosecutrix several times.

(3.) Meanwhile, father of the prosecutrix Champa Lai (PW-4) lodged report at Police Station Piplod, to the effect that his daughter is not traceable at Theebgaon.