RAMESH YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under section 374(2) of the Code of Criminal Procedure, 1973 has been preferred against the judgment dated 24th of January, 2014 passed by Shri Anil Kumar Shrivastava, Sessions Judge, Satna, in Sessions Trial No. 1/2013 whereby learned Sessions Judge has convicted and sentenced accused/appellant Ramesh Yadav as hereunder: <FRM>JUDGEMENT_163_LAWS(MPH)1_2015.html</FRM>

(2.) The prosecution case may be summarized as hereunder:

(3.) On 6.12.2012, the school closed early; therefore, prosecutrix returned to her home at around 1:30 p.m. Her sister Rajni also returned from her school in the afternoon recess. Both the sisters were playing in front of Rambola Yadav's house. At that time, accused Ramesh Yadav, who was a distant cousin of the prosecutrix, sent Rambola Yadav's sister Roshni, who was classmate of the prosecutrix, to the grocery shop to fetch some snacks. After the departure of Roshni, there was no one inside the house of Rambola Yadav. The appellant caught hold of the hand of the prosecutrix and took her inside Rambola's house. He bolted the door from inside and gagged the prosecutrix with a piece of cloth. Thereafter, the accused removed her clothes and panty. He also undressed himself and pinned the prosecutrix down to the floor and mounted her. The accused inserted his penis in her vagina. The prosecutrix kept writhing and protesting but the accused did not relent. He kept her inside Rambola Yadav's house from 2:00 p.m to about 5:00 p.m. and raped her thrice. When Rajni and Roshni knocked the door, the prosecutrix shouted; whereon, the accused threatened her with life, if she disclosed the incident to anyone. Thereafter, the prosecutrix wore her clothes. Accused also wore his clothes. The prosecutrix opened the door and came out. She naratted entire incident to her sister Rajni and sent her to bring back her parents.