BHAGWANSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS judgment will also deal with Criminal Appeal No. 736/2003. Appellant/accused have filed the appeal under section 374 of the Criminal Procedure Code against the judgment and order dated 12 -1 -1999 in Special Case No. 49/97 by Special Judge, Shajapur of their conviction and sentence under section 376(2)(g) of the Indian Penal Code for the rigorous imprisonment of 10 -10 years and fine of Rs. 500 -500 and in default of payment of fine, R.I. of 1 -1 month.

(2.) THE prosecution case is that on 12 -3 -1997 at about 7.30 PM in Village Khoria when prosecutrix Jatanbai (PW1) was returning from her field to the house, the accused persons caught her near their field and firstly accused Bhagwansingh committed rape with her and thereafter accused Gordhan committed the forcible sexual intercourse with the prosecutrix. When on hearing the cries of the prosecutrix Puralal (PW3) reached from the nearby field, on seeing him the accused ran away. The FIR Ex.P/2 was lodged by the prosecutrix on 13 -3 -1997 at about 10 PM in the Police Station Susner and she was sent for her medical examination to the District Hospital Shajapur where Smt. R. B. Jafari (PW5) found that there was no external injury on her body and the opinion about the rape with her was not possible. After the usual investigation, the charge sheet was filed against the accused for the offence punishable under section 376(2)(g) of the Indian Penal Code and also under section 3(1)(xi) of the SC and ST (Prevention of Atrocities Act).

(3.) THE accused has abjured the guilt and pleaded his false implication due to enmity. The accused has examined three witnesses in their defence.