KAILASH Vs. STATE OF MP

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 6.8.2004 passed by the Sessions Judge, Katni, in Sessions Trial No. 197 of 2002 convicting the appellants for the offence under section 376 (2) (g) of IPC and sentencing them to rigorous imprisonment for ten years and fine of Rs. 2,000/- each, in default of payment of fine rigorous imprisonment for three months.

(2.) IN short, the prosecution story is that the prosecutrix, who was working as Assistant in Aanganbadi in village Badagaon, had gone to attend the pulse polio meeting on 18.9.2002, at P.H.C. Barhi. After the meeting she boarded the Katni Bus and alighted on way for going to Kuthia Mehgavan for hearing Ramsita Bhajan. When she was standing at about 5.30 p.m., appellants came there on a motor cycle and offered her lift, which she accepted as they were known to her. After crossing the railway line accused Dinesh Jain turned motorcycle towards forest and stopped it and thereafter both the appellants after pressing her mouth lifted and took her in the forest whore appellant Kailash removed her underwear and committed rape on her first and thereafter he pressed her mouth and appellant Dinesh committed rape. Prosecutrix resisted the act of appellants. In the scuffle the belt of one of the accused got broken and came to her hands. Her bangles and necklace also got broken. Her underwear also remained at the spot. After the occurrence she went to Police Station - Barhi on foot and lodged the report (Ex. P/4) at 2.45 a.m. on 19.9.2002. Prosecutrix was sent to Govt. Hospital, Katni, where Dr. Sunita Verma (PW 9) performed her medical examination. During investigation, at the instance of prosecutrix spot map (Ex. P/3) was prepared and vide seizure memo (Ex. P/2) pieces of ragzine-belt, broken bangles, broken necklace, a Bindi and an underwear were seized from the spot. Petticoat worn by the prosecutrix was also seized by doctor. Petticoat, slide of vaginal swab and underwears of appellants, seized from them on their arrest, were sent to F.S.L. Sagar. After further requisite investigation the charge sheet was filed and the case was then committed for the trial.

(3.) PROSECUTION , to substantiate its case, examined 12 witnesses. Appellants in their defence also examined three witnesses.