GUDDA ALIAS BRAJMOHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BEING aggrieved by the judgment of conviction and order of sentence dated 13-3-2001 passed by Special Judge, Shahdol in Sessions Trial No. 139 of 1996 convicting the appellant under Section 376 (2) (g) of Indian Penal Code (for short "ipc"), the appellant has knocked the door of this Court by preferring an appeal under Section 374 (2) of Code of Criminal Procedure, 1973.

(2.) TWO persons were arrayed as accused persons. They are namely present appellant Gudda alias Brajmohan and another Balli alias Rajesh. Since present appellant was absconding accused Balli alias Rajesh was tried and he was convicted by judgment dated 1-2-1997 by the Trial Court holding that he committed the offence under Section 376 (2) (g) of IPC. He was sentenced to suffer rigorous imprisonment of ten years. Accused Balli alias Rajesh assailed his judgment of conviction by preferring an appeal (Criminal Appeal No. 298 of 1997) to this Court which was dismissed on 11-2-1998. After arrest, present appellant was separately tried and the impugned judgment has been passed against him by the Trial Court.

(3.) THE case of the prosecution is that in the intervening night of 14th and 15th of July, 1996 present appellant and co- accused Balli alias Rajesh armed with sword entered inside the house of prosecutrix and after using force and overpowering the husband of prosecutrix wrongfully confined him and the nephew of prosecutrix, inside a room and thereafter committed rape one by one over her. On account of the vile act committed by the accused persons there was bleeding from the vagina of prosecutrix. Later on the husband of prosecutrix anyhow came out from the room and ran to the police station. The police party immediately reached on the spot and caught hold accused Balli Yaddav at the spot. However, present appellant managed to escape.