BAPULAL ALIAS BAPU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants/accused have directed this appeal against the judgment and order of sentence dated 23rd Nov., 1987, rendered by Sessions Judge, Mandsaur in ST No. 152 of 1987, thereby convicting the appellants and sentencing them to undergo rigorous imprisonment for seven years.

(2.) The case of the prosecution in brief is that on 6th February, 1987, at about 12.00 in the noon, prosecutrix Leelabai, when she was on her way back to her house after fetching water from the well of one Mahadeo, she was intercepted by the appellants and near rivulet, the accused persons committed rape on her one by one. In shuffling with the appellants, bangles and earthen pot of the prosecutrix were broken and she sustained injuries on her wrist and knees. After the act of rape, the accused persons threaten her not to tell the incident otherwise they would finish her. Thereafter, the accused persons fled away from the place of incident and the prosecutrix Leelabai returned her house. It is stated that prosecutrix Leelabai (PW 9) was the member of the Scheduled Castes and that in village Visnia, her family was the only family belonging to Scheduled Castes. Prosecutrix Leelabai narrated the incident to her husband, Karoo (PW 8), thereafter, her husband took her to Police Station on 10-2-1987 after three days of the incident, and Crime No. 12/87 was registered at Police Station, Nahargarh, the same day against the accused for the offence under Sections 376/34 and 323, IPC. The prosecutrix Leelabai (PW 9) was medically examined at District Hospital, Mandsaur by Dr. Bharti Choudhari (PW 4) the same day and submitted her report Ex. P/12. Accused persons were also taken into custody and got medically examined. Police Nahargarh completed usual investigations and filed challan against the accused/appellants. The trial Court framed charges against all appellants for the offence punishable under Section 376, IPC to which they pleaded not guilty. On completion of trial, learned Sessions Judge convicted all the appellants and sentenced as indicated above. Aggrieved, the appellants have filed this appeal against the impugned judgment of the trial Court.

(3.) I have heard Shri P. K. Saxena learned Senior Advocate with Shri Jain for the appellants and Shri Abdul Salim learned Panel Lawyer for the State.