MOHAMMAD AKBAR Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision has been preferred on behalf of the accused/petitioner Mohammad Akbar. It is directed against the order dated 11.12.2015 passed by the Court of 4th Additional Sessions Judge, Jabalpur, in S.T. No. 80/2015, whereby a charge under Section 376 read with Section 120-B of the IPC has been framed against accused Mohammad Akbar.

(2.) The prosecution case before the trial Court, relevant for the purpose of this criminal revision, may be summarized as hereunder: Co-accused Deepak Kispotta and the prosecutrix work in Punjab National Bank at Jabalpur. They were good friends. In April, 2014, accused Deepak had proposed to the prosecutrix; however, she had declined. On 07.06.2014, accused Deepak took the prosecutrix to his home and tried to molest her but when the prosecutrix resisted, co-accused Deepak relented and dropped the prosecutrix back to her room. Thereafter, the prosecutrix started avoiding co-accused Deepak. However, he kept pursuing her. On 28.07.2014, he met the prosecutrix in the parking-lot of her home and snatched away keys of her twowheeler and her mobile phone. Thereafter, he proposed to drop her to her bank in his car. The prosecutrix was constrained to sit in his car. Thereafter, the co-accused took her to various places. At a secluded spot, he slapped her resulting in bleeding from her nose. The prosecutrix tried to escape from the car but failed to do so. Accused lifted her garments and tried to molest her.

(3.) Thereafter, he spoke to his brother-in-law (Jeeja) Akbar on telephone and asked for the keys of his house. After that, Deepak took the prosecutrix to the Military gate near St. Thomas School, where his brother-in-law accused/petitioner Akbar met him. The prosecutrix weeping and bleeding from nose, told accused Akbar that Deepak was forcibly doing obscene things to her; however, accused Akbar ignored her pleas and handed over keys of his house to co-accused Deepak and left. The co-accused took the prosecutrix to Akbar's house and dragged her inside. She screamed but since it was raining, no one came to her rescue. There was no one in Akbar's house. The prosecutrix was raped by co-accused Deepak six times, in the deserted house of Akbar. Written FIR of the incident was lodged the next day.