BHURJI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants named above being dissatisfied by the judgment dated 28-4-2001 rendered by the learned Sessions Judge. Jhabua in Sessions Trial No. 518/98 thereby finding the appellants guilty of the offences under Sections 376(2)(g)(I), 376(2)(g)(1) read with Sections 511, 450 and 395 of the Indian Penal Code and sentenced them as under :-

(2.) Here it may be stated that in this case in all 23 accused persons were prosecuted. Three accused persons have been reported to have absconded. In total 23 accused persons have been tried, convicted and sentenced for various offences, but out of those 23 accused persons the present appellants have preferred this appeal.

(3.) Briefly stated, the facts of the prosecution case as unfolded before the trial Court are that on 22-9-98 PW-2 Dolorese, PW-4 Roseline, PW-5 Metilda and PW-8 Teressa were lodging in Navapada-Bhandariya Convent Mission. In the night at 10.00 p.m. they all were sleeping. At that time call bell of the building rang upon which PW-4 Roseline woke up and went up to the gate and saw that some people were chitchatting outside the building. PW-2 Dolorese also went near PW-4. She saw that the people standing outside were asking for the medicine. They also heard the cry of a child. These witnesses saw that out of those people some had wrapped their shawls around their waist and some of them were in turban and they were having lathis, sticks bow and arrows in their hands and were insisting to open the gate. On this, these two witnesses asked them to get a permission chit from father whereupon they stated that father was not available. Thereafter these witnesses asked those people to come with sister Boronika. After this a man started to break open the grill of the room. By that time these witnesses went upon the roof of the building and started blowing whistle, but none came to help them and the persons standing outside the building started pelting stones on the roof, whereupon Roseline and Dolorese came down in the room. PW-5 Metilda along with PW-8 Theressa went to the Prayer-Room and bolted the door from inside. Thereafter those people broke open the gate by means of hammer-type instrument and entered inside the building whereupon these witnesses asked those people to take away the articles which they desire and not to disturb them. One of the miscreants told that they would not cause any harm to them and only asked for the cash upon which the four witnesses opened the door. On opening the door about 8 to 10 miscreants entered inside the room out of whom five miscreants committed forcible sexual act with PW-2, two persons attempted to commit rape on PW-4, two other persons also committed rape forcibly on PW-5 and four other miscreants had committed forcible sexual intercourse with PW-8 against their will and consent. These miscreants were identified by the four prosecutrix in the mercury tube light. The miscreants looted cash amount of Rs. 22,000/-, tailoring machine, wrist watch, camera, type writer and other domestic articles.