SHIVRAJ Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.5531/2016, which is the first application on behalf of appellant No.2 (Nanhe alias Nanhelal) for suspension of sentence and grant of bail.

(2.) According to the case of the prosecution, the appellants are stated to have abducted the prosecutrix, who at the material time was stated to have been of 15 years of age and committed rape with her. Specific allegation of rape is against the appellant No.1, Shivraj and appellant No.2 is alleged to have driven the motorcycle by which prosecutrix was abducted and also subsequently stood to watch while the appellant No.1 raped the prosecutrix.

(3.) The incident relates to 12.6.2012 and happened when the prosecutrix along with her sister-in-law were heading towards the field to answer nature's call at 5.30 a.m. At this point of time, appellants are stated to have arrived there on a motorcycle, assaulted the prosecutrix and forcibly made her sit on the motorcycle and are alleged to have pushed the sister-in-law away.