CHHAGAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an appeal against the judgment passed by the I Additional Sessions Judge, Burhanpur in Sessions Trial No. 74/2002 on 12.9.2002 whereby the appellants No. 1 and 2 have been convicted of offence under section 376(2) (g) of the Indian Penal Code and sentenced to 10 years' rigorous imprisonment and the appellant No.3 has been convicted under section 201 of the Indian Penal Code and sentenced to 2 years' rigorous imprisonment.

(2.) APPELLANT No. 1 Chhagan is husband of appellant No.3 Chunki Bai and appellant No.2 Mangilal is brother of the appellant No. 1.

(3.) SHRI B.K. Khare, learned counsel for the appellants has submitted that the evidence of the prosecutrix is wholly unreliable. There are exaggerations in her evidence. Resham Bai (PW 11) to whom the prosecutrix is alleged to have narrated the incident has not supported the prosecutrix story. The medical report Ex. P -4 does not establish the offence of rape. He, therefore, prayed that the judgment of conviction of appellants is not sustainable. On the other hand Shri Ashok Agrawal, learned Government Advocate has submitted that the evidence of the prosecutrix is supported by the medical evidence. Other corroborative evidence clearly prove the offence against the appellants. He further submitted that even if the evidence of Resham Bai (PW 11) is discarded wholly then also on the basis of other evidence available on record the offence is well established.