BALVEER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 26th June, 2004, passed by Third Additional Sessions Judge, Vidisha (M.P.) in S.T. No. 19/2004, whereby present appellant Balveer s/o Rajaram Dangi has been convicted of the offence under Sections 450 and 376 of I.P.C. and sentenced to undergo rigorous imprisonment for a period of seven years with a fine of Rs. 1,000/ - and again for a period of seven years with a fine of Rs. 2,000/ - and in default to suffer additional simple imprisonment of one on each count.

(2.) BY the same impugned judgment and on the same set of evidence and findings, other accused Ravindra has been acquitted of the alleged charges.

(3.) THE facts in short relevant for the decision of this appeal are that on dated 24/10/2003, at 6 p.m. prosecutrix, wife of Vishan Singh Dangi, having age of 25 years, went to the house meant in Khaliyan, situated at the agricultural field for collecting straw (Bhusa). When she was coming out of the room, Balveer Dangi (present appellant) and Ravindra of the same village reached over there. Balveer was armed with an Axe. It is alleged that thereafter, accused Balveer dragged the prosecutrix into the room of Khaliyan and pulled her down. He committed rape with her and on raising cry, Balveer pressed her mouth with the hands. At that juncture, Somat Singh, brother -in -law (Jeth) came over there and after his appearance, the accused fled away from the spot. On next day, the FIR was lodged at about 11 -30 a.m. at police station Kurwai, district Vidisha on the basis of which Crime No.309/03 was registered against the appellant and co -accused Ravindra for commission of offence under Sections 376/34 and 452 of I.P.C. The prosecutrix was medically examined by the doctor. After investigation, the charge sheet was filed before the Criminal Court. On committal, charges for the alleged offences were framed against both the accused.