KARULAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under section 374 of the Code of Criminal Procedure, 1973 (for short, "The Code") has been preferred against the judgment and order dated 27.09.1997 passed by the learned Additional Sessions Judge, Mandsaur in S.T. No.265/82, whereby appellant No.1 - Karulal son of Wardichand (since deceased) and appellant No.2 Karulal son Bhawarilal were convicted for offence under section 366 and 376 of IPC and each was sentenced u/s 366 IPC to RI for two years and a find of Rs.200/- and in default of payment of fine further SI of three months and under section 376 IPC 7 years' RI with fine of Rs.250/- and in default of payment of fine three months' SI.

(2.) Appellant Karulal son of Wardichand expired during pendency of the appeal therefore, the appeal to that extent stood abated vide order dated 07.04.2010 passed by this Court.

(3.) The prosecution case briefly stated is that on 28.05.1992 in the afternoon around 02:00 p.m., the prosecutrix (PW-7), aged about 20 years, was coming back to her house after attending call of the nature. On the way she was forcibly taken away by both the appellants and was pushed into a room of the house of Patel and her hands and legs were tied up by a rope. In the night, both the appellants, one after the other, subjected her to sexual intercourse against her will. Next day i.e. on 29.05.1992 she was taken out of the room and was pushed away.