KALLU ALIAS NARENDRA Vs. STATE OF MP

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of CrPC has been filed against the judgment and sentence dated 02/04/2012 passed by Second Additional Sessions Judge, Dabra, District Gwalior in Sessions Trial No.162/2011, by which the appellant has been convicted under Section 384 of IPC and has been sentenced to undergo the rigorous imprisonment of two years and fine of Rs. 1,000/-with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that the complainant lodged a report at Police Station Dabra, District Gwalior on 12/11/2010 at about 16:00, on the allegation that the appellant is her neighbor and the appellant has continuously committed rape on her and had extended a threat that he has prepared a film in his mobile, which he will disclose to her husband and under this threat, he had taken an amount of Rs. 2,34,000/- in cash, as well as the gold ornaments including two chains, one earring, one necklace, eight bangles, one ''mangalsutra'' and one ladies ring. The prosecutrix had given these articles to the appellant without disclosing it to her husband. Later on, when the prosecutrix informed her husband about it, then the husband of the prosecutrix demanded his money and articles back, but the appellant did not return the same, however, he had given in writing. The husband of the prosecutrix managed to arrange an amount of Rs. 1,30,000/- after selling his property and got some of the articles released from mortgage, however, the remaining articles and an amount of Rs. 2,34,000/- were not returned. Whenever the amount and the articles were demanded, the appellant had extended a threat to kill and had also extended a threat that the complainant should leave the locality. On the report of the complainant, police registered Crime No.913/2010 for offence under Sections 376, 384/34 of IPC against the appellant and one Ramkumar Gupta. The articles were seized. The appellant and the co-accused Ramkumar Gupta as well as the prosecutrix were sent for medical examination and after completing the investigation, the police filed the charge sheet. The trial Court framed charges under Sections 376, 384, 506(II) of IPC against the appellant and under Section 506(II) of IPC against the coaccused Ramkumar Gupta.

(3.) The appellant and the co-accused Ramkumar Gupta abjured their guilt and pleaded not guilty.