OMKAR AND ORS. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have challenged the judgment dated 27.6.1997 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Seoni in Special Case No. 48/1996 whereby each of the appellants has been convicted of offence under Section 376(2)(g) of IPC and Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act 1989 (hereinafter referred to as "Special Act") and sentenced to seven years' RI with fine of Rs. 1,000/ - and six months' RI. In default of payment of fine, additional RI for six months.

(2.) THE prosecution's story, in short, is that on 25.5.1996 the prosecutrix (PW -2) resident of Village Churka (Police Station Lakhnadon District Seoni) went to collect cow -dung. At about 4:00 PM she was collecting cow -dung in the jungle, then the appellants held her from her back and took her near the bushes. After giving threat of her life the appellant Omkar and Bundaram committed rape one by one upon her. Thereafter they went towards deep forest. In the incident the bangles of the prosecutrix were broken and consequently she sustained injuries. She suffered with fever, and therefore for one hour she remained at the spot in a lying position. Thereafter she went to her house and intimated about the incident to her husband Gudda @ Ramsingh (PW -3) and other family members. Since the prosecutrix could inform about the incident to her husband in late hours of evening and there was no arrangement of transportation available in the night, the prosecutrix could not go to the police station in the evening, and therefore she had lodged an FIR Ex. P -2 on the next date at about 10:00 AM at Police Station Lakhnadon. She was sent for her medico legal examination. Dr. Pushpra Saryam (PW -1) examined her at the District Hospital, Seoni and gave a report Ex. P -1. No external or internal injury was found on the body of the prosecutrix. However, two slides of her vaginal swab were prepared and handed over to the concerned Constable after their sealing. After due investigation, a charge sheet was filed before the Special Court, Seoni.

(3.) THE learned Special Judge after considering the evidence adduced by the parties convicted and sentenced the appellants as mentioned above.