VIKAS Vs. STATE OF MADHYA PRADESH GOVT.

JUDGEMENT

(1.) All the aforesaid appeals have been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) [in short Cr.P.C.] against the judgment of conviction and order of sentence dtd. 15/6/2013 passed by the Additional Sessions Judge, Indore in Sessions Trial No.615/2012, by which, appellants have been convicted and sentenced as mentioned below: <IMG>JUDGEMENT_114_LAWS(MPH)2_2024_1.jpg</IMG> Since all the aforesaid criminal appeals arise out of a common judgment, therefore, the same are being decided by this common judgment.

(2.) The essential details pertinent to the current appeals are as follows: On February 18, 2012, the prosecutrix (PW-1) filed First Information Report (Ex.P-1) stating that the accused, Javed, had been threatening her over the phone and forced her to come and meet him. He warned that if she refused, he would come to her house, consume poison, and harm her family. Eight days prior, on a Friday at 01:00 p.m., Javed asked the prosecutrix to meet him in front of Kalika Temple and threatened her of dire consequences, if she declined. The prosecutrix (PW1) disclosed the said fact to her cousin sister (PW-2), who accompanied her to have a discussion with Javeda. Consequently, they both proceeded towards Kalika Temple, where they encountered the accused Javed and his friend (accused Tipu). While they were conversing, approximately 10-12 boys, including Vikas, Chetan, Kumhar, Dilip Kushwaha, Vikram Makwana, Golu Wagh, Ashu Wagh, Gopal Panchal, Sanju, Ravi, and 2-3 others, whom she did not recognize but could identify by their faces, approached and questioned the prosecutrix about accompanying them. At that moment, accused Vikas Bharti grabbed and tore the 'Chunari' of (PW2). They threatened to harm both of them. Despite their refusal, the accused persons forcibly took hold of (PW-1 )& (PW-2) and dragged them towards agricultural field, where they removed their 'Salwars,' thrownthem on the ground, and committed rape on both of them turn by turn. Although the prosecutrix screamed and tried to raise alarm, but the accused persons paid no heed. At that juncture, Poona, Shantilal, Rajendra Bhami, and Mona Tamboli emerged from nearby fields and also committed rape upon them. They threatened both the prosecutrix of dire consequences, in case they attempted to unwrap the incident before anyone. Subsequently, both the prosecutrix returned home, fearful and unable to confide in anyone. As their suffering persisted, they eventually disclosed the ordeal to their mother, Leela Bai (PW-9), and maternal uncle, Sevaram (PW-4), before proceeding to report the matter to the police station.

(3.) After lodging the report, the police duly registered the FIR bearing Crime No. 66/12 for offenses punishable under Sec. 376(2)(g) and 506 of IPC against all the accused individuals. Subsequently, following an investigation and upon receipt of the prosecutrix's medical report, the police apprehended all the accused persons. On 21/2/2012, the prosecutrix (PW-1) lodged a further written complaint (Ex. P-2) at Police Station Betma, District Indore, alleging that she later discovered Amit Wagh had also assaulted her. Acting upon this complaint, the Police arrested Amit Wagh on 23/2/2012. During the course of the investigation, statements of the prosecutrix were recorded on 18/12/2012 & 21/2/2012, along with statements from other witnesses. Additionally, the Police conducted further investigation, including the preparation of a 'panchnama' and the seizure of property, as evidenced by (Ex.P-81) which included a CD capturing the scene of sexual intercourse involving accused individuals Chetan and Vikram with the Prosecutrix (PW-1).