KRIPAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) None appears for the appellant. Shri R.S. Shukla, Advocate who is present in Court, has been appointed as an amicus curiae, considering the fact that the appeal is pending since 2012 and the accused-appellant is in jail since 2011.

(2.) In the instant appeal a challenge has been made to the order of conviction and sentence passed by the learned XIII Additional Sessions Judge, Bhopal, District Bhopal in S.T. No.397/2011 [State of M.P. vs. Kripal Singh] on 26-4-2012 whereby the accused-appellant has been convicted and sentenced as under: <FRM>JUDGEMENT_257_LAWS(MPH)1_2018_1.html</FRM>

(3.) The prosecution case is that on 13-5-2011 the prosecutrix was sleeping in her temporary shed (Jhuggi) along with her children and her husband was out of station. At about 01:30 AM in the night the appellant accompanying with his friend entered into the Jhuggi and took away 9 month old child of the prosecutris on the point of a knife and thereafter under administration of threat rape was committed with the prosecutrix. As alleged, when the child started crying, the neighbour Bane Singh and his wife Parwati came out and the accused persons fled away from the spot.