MANGESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment and order of sentence dated 18/6/2010 passed by the 5th Additional Sessions Judge (Fast Track Court), Chhindwara in ST No.146/2009, whereby the appellant was convicted of offence punishable under Section 325/34 of IPC and sentenced to three years' rigorous imprisonment with fine of Rs. 5,000/ -.

(2.) THE prosecution's case, in short, is that on 28.4.2009 complainant Samlobai and her daughter prosecutrix (PW -2) went to attend the marriage in the house of one Shabilal. At about 10:00 PM complainant found the prosecutrix to be missing. At about 2:00 AM in the night the complainant came back to her house whereas the prosecutrix came back at about 7:00 AM in the morning. When the complainant asked about the delay, then the prosecutrix told that accused Golu took her forcefully in a jungle (forest) and committed rape upon her. On 29.4.2009 at about 2:00 PM when the complainant was going to fetch the water, she saw accused Golu. When the complainant asked about his conduct, then quarrel took place. Co - accused Golu directed the appellant Mangesh to bring a base of gaiti (pick axe) and the appellant supplied that wooden base. Accused Golu assaulted the victim Samlobai with the base of gaiti, and therefore she sustained injuries on head and left elbow. An FIR was lodged at the concerned police station and a case was registered of offence under Sections 363, 366, 376, 323, 294/34 of IPC. After due investigation, a charge sheet was filed before the Court of Judicial Magistrate First Class, Chhindwara, who committed the case to the Court of Sessions and ultimately it was transferred to the 5th Additional Sessions Judge, Chhindwara.

(3.) THE learned Additional Sessions Judge after considering the evidence adduced by the parties convicted co -accused Golu of the various offences, whereas the present appellant was convicted of offence under Section 325/34 of IPC and sentenced as mentioned above.