ASHOK Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANTS have been convicted by learned 16th Additional Sessions Judge, Indore under section 376, 450 and 506(ii) of Indian Penal Code vide judgment dated 26th October, 1993 passed in Sessions Trial No. 122/1992.

(2.) BRIEFLY stated, prosecution's case is that on the date of incident prosecutrix (PW 1) was sleeping at her house. Her children were also sleeping with her. Her husband (PW 2) was not there as he had gone on his duty. At the mid of the night, her door was knocked at and due to knocking, the door got opened and prosecutrix (PW 1) woke up. She saw that appellants entered into her house. Appellant Suresh pressed her mouth and appellant Ashok waived knife and threatened her that if she raises cries, knife will be thrust into her body. Thereafter, appellant Ashok committed rape on her. When he completed the act, appellant Suresh committed rape on her. After having committed rape, both appellants ran away from there.

(3.) POLICE sent her to District Hospital, Indore where Dr. Shanta Saraf (PW 5) examined her and prepared report Ex. P -9. Her petticoat was sealed by Dr. Shanta Saraf (PW 5). That petticoat and the slide of her vaginal smear were sent for chemical examination. Police prepared the site map and recorded the statements of the witnesses. After due investigation, charge sheet was put up against the appellants.