GANESH Vs. STATE OF M. P.

JUDGEMENT

(1.) THIS is the appeal of the accused Ganesh and Kewalram who, on their conviction under section 376, IPC, have, each, been sentenced to five years' R. I.

(2.) THE case of the prosecution is briefly thus :

(3.) ALL arguments advanced are thoroughly devoid of merit, and application and affidavit filed by the prosecutrix in this Court, equally deserve no weight in the particular circumstances, in which, they had been filed. The prosecutrix and the appellants accused belong to Katia community. All are illiterate and are found to depend on the labourer's job for their livelihood. In a case of rape, the version of the victim i.e. of the prosecutrix deserves close scrutiny with due caution, for being on guard that innocent persons are not roped in, in such serious offence, out of enmity or for serving one's selfish interest. The defence contention that the appellants -accused have been falsely implicated at the instance of village Sarpanch Sunderlal due to their refusal to do Begar for him, is apparently false, since there is no evidence in this regard, and also since Sunderlal who has been examined as PW 4 is not found to have been cross -examined at all on this material aspect of defence.