MAHESH Vs. SAJID

JUDGEMENT

(1.) Applicants/complainant has filed the revision against the judgment dated 8-10-2004 in S.T. No. 85/2002 passed by learned Additional Sessions Judge, Barwaha, District Khargone against the acquittal of the respondent accused No. 1 to 5 in the case filed by respondent No. 6 State of Madhya Pradesh.

(2.) The prosecution case is that on 23-10-2001 the prosecutrix Rekha aged about 18 years went to the house of her friend viz. Meenakshi where accused Sajid, Rupesh and Manoj forcibly committed the sexual intercourse with her. That on the next day on 30-10-2001 accused Goresh requested accused Kavita to persuade prosecutrix Rekha to allow him to have the sexual relationship with Rekha. That accused Kavita thereafter asked prosecutrix Rekha that she was raped yesterday and now she should allow accused Goresh to commit the sexual intercourse. That out of indignation Rekha consumed sulphas tablet. That she was shifted to the Hospital where she has narrated the incident to her parents Trilokchand (P.W. 11) and Sushilabai (P.W. 12) and also to her brother Mahesh and Balkrishna. Rekha succumbed to the injuries on 2-11-2001 and autopsy was conducted in M. Y. Hospital Indore and it was opined that she has died on account of taking the sulphas tablet. The post-mortem report of Dr. B. P. Bajpai (P.W. 6) is Ex. P/12. Thereafter the case was registered against the accused persons and during the investigation, the statement of the witnesses was recorded and the charge-sheet was filed against the accused persons for the offence of committing the gang rape and also under Section 306 of the IPC.

(3.) The accused have abjured the guilt and denied the statement of prosecution witnesses and pleaded false implication.