CHHOTELAL & OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal filed under section 374 Cr.P.C is directed against the judgment dated 13.1.2006 passed in SessionsTrial No.272/05 by Vth Addl. Sessions Judge, Bhopal. By the impugned judgment, the court below has convicted appellants No.1 and 2 for offence under section 376 (2)(g) of IPC whereas appellants No.3 and 4 are convicted under section 363 and 366 of IPC. Appellants No.1 and 2 were directed to undergo sentence of 10 years R.I with fine with default stipulation whereas appellants No.3 and 4 were directed to undergo sentence of 3 years RI with fine with default stipulation.

(2.) The prosecution story, in brief, is that prosecutirx Hema (P.W.8) was resident of Sunder Nagar, Bhopal. About 8-10 days before 18.7.2005, the neighbours of prosecutrix, namely, Kavita and her husband Lalit told the prosecutrix that they will get her married with a good partner and she will get vehicle, bungalow etc. The prosecutrix was impressed with such assurance and accordingly Kavita and Lalit called the prosecutrix from her house and went upto Shiv Nagar from where they boarded on a bus alongwith prosecutrix for village Banjari. In village Banjari, they left the prosecutrix with Chhotelal and his wife Laxmi Bai and came back to Bhopal. Laxmi Bai and Chhotelal assured the prosecutrix that they will ensure her marriage with appropriate partner. The prosecutrix was kept in village Banjari in the residence of Chhotelal for two days. Chhotelal raped prosecutrix in the presence of his wife Laxmi Bai. On 20.7.2005, Chhotelal and Laxmi Bai took the prosecutrix to village Banpura, district Rajgarh where Chhotelal applied vermilion (Sindoor) on prosecutrix's head and told her that he has married her and he will keep her in proper way. In Banpura also, Chhotelal raped the prosecutrix. The prosecutrix was kept at Banpura for 2-3 days. She was not permitted to go out of the house where she was kept at Banpura.

(3.) The father of the prosectrix lodged the report in P.S. Nishatpura, Bhopal on 18.7.2005. This 'Gum Insaan' report (Ex.P/10) became the reason for the police authorities to enquire about whereabouts of the prosecutrix. During investigation, on receiving information, Head Constable Purushottam (P.W.11) recovered the prosecutrix on 22.7.2005 from the custody of Laxmi Bai and Chhotelal from village Banpura district Rajgarh. The punchnama for this purpose was prepared and marked as Ex.P/1. The initial statement of the prosecutrix was recorded in police station Nishatpura and she was sent for medical examination to Sultaniya hospital, Bhopal. Dr. Lalita Parmar medically examined her and prepared the report Ex.P/9. To ascertain the age of prosecutrix, she was sent for examination to Medico Legal Institute, Bhopal where she was examined by clinical and x-ray mode by Dr. C.S.Jain who submitted the report Ex.P/7. The police authorities arrested Chhotelal, Laxmi Bai, Lalit alias Laltaram and Kavita by arrest memo Ex.P/2 to Ex.P/6. Chhotelal was medically examined by Dr. Murli Lalwani (P.W.2) vide report Ex.P/6. After completion of investigation, the charge sheet was filed under section 363, 366 and 376 IPC before the concern magistrate. Considering the nature of the offence involved, the matter was sent to the Sessions Court.