HARI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 9.3.1998 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act in Special Case No.63/97, whereby each of the appellant has been convicted of offence under Sections 376(2) and 506 -II of the IPC and sentenced to ten years R.I. with fine of Rs.2,000/ - and one year R.I. with fine of Rs.500/ -. In lieu of payment of fine, the default sentence was also imposed.

(2.) Facts of the case in short are that in the midnight of 11th and 12th January, 1997, the prosecutrix (PW -1) was 2 Criminal Appeal No.627/1998 sleeping in her hut situated in the field of her husband at village Tumra (Police Station Chargawan, District Jabalpur). At about 12:00 O'clock in the night, the appellants entered in the hut of the prosecutrix. Initially, the appellant Kok Singh removed her clothes and committed rape upon her. Thereafter, the appellants Chunna @ Jhalkan Singh and Hari Singh @ Sarda Pradesh had also committed rape upon the prosecutrix one by one. They have threatened the prosecutrix and therefore, she could not shout at the time of incident. On the next day in the morning, she stated about the incident to her sister -in -law Laxmi Bai (PW -2). Her husband Tulai @ Tularam was out of station, who came back in the evening of Sunday and thereafter, the FIR Ex.P/1 was lodged on 3.11.1997. The prosecutrix was sent for her medico legal examination to the Elgin Hospital, Jabalpur. She was examined by Dr. M. Chakraverty (PW -6), who gave the report Ex.P/15. Dr. Chakraverty also procured two slides of vaginal swab of the prosecutrix and provided them to the concerned constable after their sealing. After due investigation, the charge sheet was filed before the Special Court.

(3.) The appellant abjured his guilt. He took a plea that 3 Criminal Appeal No.627/1998 the prosecutrix and her husband were working at the field of the appellant Kok Singh, who gave an advance of Rs.2,000/ - to them. After working for six months, they suddenly left the job, whereas a sum of Rs.900/ - and some wheat was to be recovered from the husband of the prosecutrix. When the appellant Kok Singh demanded to repay the advance given by him and wheat given to the prosecutrix and her husband, a false case has been lodged against the appellant. In defence, Chandan Singh (DW -1), Genda Bai (DW -2), Horilal (DW -3), Pohop Singh (DW -4) and Basori (DW -5) were examined.