SUGREEV AND ORS. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE aforesaid two appeals arise out of the impugned judgment and order of conviction and sentence dated 24th June, 2006 rendered in Sessions Trial No. 82/2006 by the Sessions Judge, Gwalior (M.P.), whereby each of the accused has been convicted for the offence punishable under Section 376 of I.P.C. and sentenced to undergo for four years rigorous imprisonment with fine of Rs. 500/ -. Since the judgment and order challenged in these criminal appeals is one, they are taken up together for hearing and disposed of by this common judgment.

(2.) THE facts, in short, are that the incident occurred four months prior to the date of lodging of the report, i.e., 25/11/2005. The FIR (Ex. P/1) was lodged by the prosecutrix, having age of 14 years, with her parents at police station Maharajpura to the effect that near about four months ago, when she went to attend natural call, in the agricultural field of one Gulab Singh, all of a sudden, Rakesh and Sugreev, (present accused) who are residing in front of the house of the victim, reached over the spot. She alleged that accused Sugreev wrapped her mouth with towel and thereafter accused Rakesh pulled her down and committed rape on her. Accused Sugreev was simply standing over there. After commission of the incident, both the accused threatened her not to disclose about the incident to anybody otherwise she will be killed. She further alleged that thereafter, during the period of two months, from the date of first incident, when she went to the same field to attend call of nature, again these two accused came over there. This time, accused Sugreev pulled her down and committed rape on her. Accused Rakesh was standing over the spot watching the incident. She was again threatened not to disclose to anybody else she will have to face serious consequences. Thereafter on 23/11/2005 again when she was proceeding in the same way, during the course, both the accused came over there; caught hold of her hands and insisted her to accompany them but seeing other persons of the locality coming forward, the accused fled away from the spot. Then, the prosecutrix rushed to the house, narrated the incident to her mother and after due discussion, she alongwith her parent went to police station and lodged the report as mentioned above vide Ex. P/1 on 25/11/2005. Accordingly, the crime was registered against the accused -appellants. The investigation was set in motion. After investigation, the charge -sheets were submitted to the concerning Criminal Court.

(3.) AFTER taking into consideration the entire evidence adduced by the prosecution as well as defence, the learned trial court convicted and sentenced the present accused for the commission of the alleged offences, hence, these appeals.