KAILASH LALSINGH KHANGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Kailash has been convicted under Section 376 of the Indian Penal Code and has been sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs. 1000/- and in default of payment of fine, to further undergo six months rigorous imprisonment, by the judgment and order dated 6th of Feb. 1993 passed by Additional Sessions Judge of Pichhore, District Shivpuri.

(2.) THE facts of the case are that on 17-12-1991, at about 5. 00 p. m. Kumari Mathi, daughter of Ram Prasad aged about 13 years, was going to the house of Rajaram. When she reached in the Har of Nainwara, near the well, one Lalu questioned about her identity. It is alleged that Lalu and his companion grappled with the girl and thrashed her down on the ground. His companion took out knife and threatened her with dire consequences. It is alleged that thereupon the appellant and his companion committed rape upon her. Prosecutrix Mathi started crying, whereupon witnesses Lakhan, Barelal and Munshi came on the spot. The two accused tried to escape, but Lakhan, Barelal and Munshi caught hold of one of them, who was found to be the present appellant Kailash. The other co-accused managed to escape. Kailash was also injured while he was being arrested.

(3.) A case under Section 376, Indian Penal Code, was registered against the appellant Kailash, who was caught red-handed, and handed over to the Police. Other co-accused Lalu Thakur managed to escape and could not be apprehended and was not prosecuted.