RAMKUMAR AND ANOTHER Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under Section 374 of Cr.P.C. has been filed against the judgment dated 16/1/2004 passed by Additional Sessions Judge, Gohad, District Bhind in Sessions Trial No.206/2002 by which the appellants have been convicted under Section 376 (2) (g) of IPC and have been sentenced to undergo rigorous imprisonment of ten years and fine of Rs.5,000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that on 5/6/2002 at about 6 AM the prosecutrix was returning after easing herself and on the way she was caught hold [Ramkumar and another Vs. State of M.P.] by the appellants. The appellant no.1 caught hold the prosecutrix by her hairs and after gagging her mouth, he took her to the backyard of the factory by dragging and the appellant no.2 was standing and watching the incident. The appellant no.1 threw the prosecutrix on the ground and committed rape upon her. After completing the offence, the appellant no.1 invited appellant no.2 to also commit rape and accordingly the appellant no.2 also committed rape upon the prosecutrix. The incident was narrated by the prosecutrix to her husband and thereafter she lodged FIR, which was registered by the Police Station Malanpur, District Bhind at Crime No.72/2002 for offence under Section 376 / 34 of IPC. The prosecutrix was sent for medical examination. After recording the statements of the witnesses, arresting the appellants as well as after preparing the spot map, the investigating agency filed the charge-sheet against the appellants for offence under Section 376 / 34 of IPC.

(3.) The trial court by order dated 18/10/2002 framed charge under Section 376 (g) of IPC (should have been under Section 376 (2) (g) of IPC ).