LAWS(MPH)-2018-4-5

PARTIES NAME ASHOK Vs. STATE OF MADHYA PRADESH

Decided On April 03, 2018
Parties Name Ashok Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment of conviction dated 17.10.2000 passed in Sessions Trial No.461/2000. The appellant/Ashok alongwith another co-accused/Madan Singh was prosecuted for commission of offence punishable under Section 376 (2)(f) of Indian Penal Code. The trial Court held the appellant guilty for commission of aforesaid offence and awarded sentence of RI for life alongwith fine of Rs.500/- with default stipulation RI one month.

(2.) Prosecution story in brief is that prosecutrix was returning back after giving food to her elder sister. On the way, both the accused persons asked the prosecutrix to transport the coal. The prosecutrix refused the same. Thereafter, present appellant lifted the prosecutrix in his lap and took her in the garden of Shiv Prasad Sahu near the shrubs, where both the accused persons had committed rape with her. She returned home and told the story to Ganga Bai, Chhoti Bai and Mangi Bai etc. The report of the incident was lodged at the police station. Thereafter, police conducted investigation and filed charge-sheet. The appellant abjured the guilt and pleaded innocence. The trial Court held the appellant and another co-accused guilty for commission of offence and awarded punishment as mentioned above in the judgment.

(3.) Co-Accused Madan Singh filed Criminal Appeal No.2947/2000, which was disposed of as infructuous because he was died during pendency of the appeal. Present appeal has been filed by appellantAshok.