SHARDA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has challenged his conviction and sentence passed by Sessions Judge, Betul in S.T. No. 48/1992 vide judgment dated 2.9.1992.

(2.) Appellant has been convicted under section 376(2)(g) of IPC and sentenced to imprisonment for ten years by the impugned judgment.

(3.) According to prosecution, on 10.3.1992 at about 11 'O'clock in the night at village Jatampur, District Betul, when prosecutrix and her husband Mishrilal were sleeping in 'chapri' (shed) of the house near well of Mazeed, appellant Sharda came there with his associate and assaulted Mishrilal with an iron rod. Mishrilal, then rushed away from the shed, while prosecutrix entered inside the house, but appellant forcibly caught hold of her hand and dragged her out and took her in the field. When prosecutrix cried, appellant intimidated her and fell her on the ground and forcibly committed sexual intercourse with her against her will. Appellant's companion also forcibly committed sexual intercourse with the prosecutrix and then both of them fled away from the spot.