MUNNALAL Vs. STATE OF M. P.

JUDGEMENT

(1.) THIS appeal by the above -named appellant is against his convictions under sections 376 and 366 of the Indian Penal Code and sentences of life imprisonment and ten years' imprisonment with a fine of Rs. 1000/ - in default of payment of which to further rigorous imprisonment for two years, respectively, awarded thereunder by Shri K.B. Khare, Second Additional Sessions Judge, Gwalior, Both the sentences were ordered to run concurrently.

(2.) THE prosecution case against the appellant in the trial Court was as under : -

(3.) AT the house of Pappu, the accused put vermilion mark (Sindur) on the head of Ku. Basanti and provided a pair of Bichuas (a silver ornament worn only by married woman). She was also given new clothes provided by Pappu and during the night the accused and Pappu took her to the Railway Station, Gwalior, from where she was taken to Bhopal, At Bhopal, Ku. Basanti was kept at the house of Gyasiram, brother of the accused, for three days. At the residence of Gyasiram, the accused had sexual intercourse with her both against her will and without her consent. She was then asked by the accused to return to Gwalior, where a marriage ceremony was proposed to be solemnised in Court. Ku. Basanti, believing that at Gwalior she would be able to meet her parents, accompanied the accused and reached Gwalior on 12 -9 -1972, where the accused took her to the house of Nathusingh (PW. 6). When Ku. Basanti left her house, she had a wrist -watch and a gold necklace which were taken out of her possession by the accused.