BHOGIRAM KEVAT Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 08.02.2007 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, 1989, Guna in Special Case No.89/2006, whereby the appellant has been convicted of offence under Section 368 of IPC and sentenced to four years' simple imprisonment with fine of Rs.1000/-.

(2.) Facts of the case, in short, are that on 17.03.2006 at about 12 O' Clock the accused Kalu and Rajkumar have kidnapped two prosecutrixes (PW-1) and (PW-7). They took them to various places. Ultimately they took those prosecutrixes to Bharoli and then Ashoknagar at the house of the appellant Bhogiram. Those were kept in one room in the house of appellant Bhogiram for few days and the co-accused Kalu and Rajkumar have committed rape with the prosecutrixes (PW-1) and (PW-7) respectively. However, on intimation received, Bharosa (PW-2) went to house of the appellant and with help of police, both the prosecutrixes were recovered.

(3.) The appellant Bhogiram abjured his guilt. He took a plea that he was visiting to various temples of other cities and in those alleged days, he went to Indore to attend a 'yagna' and, therefore, he was not at his residence, in the period, when the prosecutrixes alleged to have been kept in his house at village Ashoknagar. In defence, no evidence was given by the appellant. The trial Court convicted and sentenced the appellant as mentioned above.