SHIVRAJ SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) Today, this case is listed for hearing on IA No.15440 of 2023, 12th application under Sec. 389(1) of CrPC moved on behalf of appellant No.2 Sheru & IA No.24326 of 2024, second application under Sec. 389(1) of CrPC moved on behalf of appellant No.1- Shivraj for suspension of jail sentence and grant of bail on the ground of period of custody, as they have already suffered more than 11 years of jail incarceration, but with the consent of parties, this Court deems it proper to hear this appeal finally.

(2.) The present criminal appeal under Sec. 374 of CrPC has been filed by appellants challenging the judgment of conviction and order of sentence dtd. 20/7/2013 passed by Fourth Additional Sessions Judge, Morena (MP) in Sessions Trial No.92 of 2013, whereby the appellants have been convicted under Sec. 376(2)(g) of IPC and sentenced to undergo life imprisonment with fine of Rs.10,000.00 each and in default of payment of fine to further undergo six months' rigorous imprisonment.

(3.) In brief, the prosecution is that complainant/prosecutrix(PW-1) while being admitted in the emergency ward of Kamla Raja Hospital along with her mother and father, in an injured condition, wrote a verbal report (Dehati Nalishi) vide Ex.P1, stating therein that on 1/2/2013, around 06:30 pm in the evening, Rachna Jatav and Bharti Jatav of her village came to her house and said to go and give a gift on the occasion of Wedding of Girja. After this, both of them left. Thereafter, she had gone to give a gift for Girja's wedding and after giving gift to Girja, while she was returning to her home from the wedding ceremony, around 07:00 pm in the night, accused Shivraj (herein appellant No.1) caught her in front of his house and took her to the Chhapra (hut) built there. It is further alleged that accused Sheru (herein appellant No.2) and co-accused Shivshankar were already in Chhapra (hut). When she started screaming, Shivraj covered her mouth, took off her clothes and thew her on the ground. Then, Sheru covered her mouth, Shivshankar held her legs and Shivraj committed rape with her. Sheru also committed rape with her. After committing rape, all of them fled away. On hearing her scream, her mother and uncle (tau) Banwarilal came there and saw the accused running away.