ASHOK KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellants for the purpose of assailing the order of conviction and sentence recorded against them by Sessions Judge, Jhabua, in S.T. No. 273/ 87 by which the learned Sessions Judge convicted the appellants for an offence punishable under Section 376, I.P.C. and sentenced them to undergo R.I. for two years.

(2.) The prosecution case, in brief, is as under. In the night intervening 26th and 27m of March, 1987 the appellants called Laxmibai to the house of one Master at about 2 A.M. and thereafter, firstly, the appellant Ashok Kumar pulled her down and thereafter committed rape on her twice without allowing her to cry or shout. After the appellant Ashok Kumar committed rape on her twice, the appellant Munna committed rape on her. Thereafter, the husband of the prosecutrix Laxmibai appeared near the house and therefore, as per the prosecution case, the appellants shoved the prosecutrix out of the said room. The prosecutrix narrated the acts committed by the appellants, with her, to her husband, who called Kalu, Bacia and Hemraj and informed them about the said incident and thereafter the prosecutrix with her husband went to Police Station Kali Devi and lodged F.I.R.

(3.) After necessary investigation. Charge - sheet was filed against the appellant in the Court of J.M.F.C. who committed the case to the Court of Sessions Judge for charge. The learned, Sessions Judge, after recording and appreciating the evidence in view of the arguments advanced on behalf of the parties, held that the prosecution had proved that in the night intervening between 26th and 27th March, 1987 at about 2 P.M. the appellants committed sexual intercourse with the prosecutrix Laxmibai against her will and without her consent and thereby committed an offence punishable under Section 376, I.P.C. He, therefore, sentenced the appellants as mentioned and that order is criticised by the appellant in this appeal.