VIJAY SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 30.8.2000 passed by Sessions Judge, Vidisha in ST No. 79/2000, by which the appellants have been convicted under section 450 of IPC and sentenced to undergo rigorous imprisonment for five years each with a fine of Rs. 500/- each. They have further been convicted under section 376 (2) (g) of IPC and sentenced to undergo rigorous imprisonment for ten years each with a fine of Rs. 500/- each with default stipulations.

(2.) IN short, the story of the prosecution is that on 8.1.2000 at about 01:00 a.m., when the prosecutrix was in her house and sleeping with her children and when her husband had gone to field, then somebody put her hand and she woke up. She saw that Vijay Singh Dangi was holding her hand and co-appellant Amar Gir was also present. Appellant Vijay pushed her to bed and pressed her mouth and committed sexual intercourse with her. Thereafter, Amar Gir also committed sexual intercourse with her and after completion of the act they threatened her and ran away from the spot. In the morning, at about 07:00 when her husband came from the field, then she informed about the incident to her husband and to Dhannalal and Parmanand. Then she went to the police station and lodged the report. Thereafter, the prosecutrix and both the appellants were examined by the doctor. After investigation, charge-sheet was filed.

(3.) PROSECUTION has examined, in all, seven witnesses. Out of which (PW 1) is the prosecutrix. Shivraj (PW 2) is the husband of the prosecutrix. Parmanand (PW 3) is the person to whom the prosecutrix disclosed the incident. Rajkumar Sahu (PW 4), Husen Singh (PW5) and S.K. Dashrath (PW 6) are the seizure witnesses while R.C. Aacharya (PW 7) is the Investigating Officer.