TEJ RAM Vs. STATE OF M.P.

JUDGEMENT

(1.) THE accused/Appellants stand convicted Under Section 376 (2) (g) and 506 -Part -II of the I.P.C. and each of them have been sentenced to undergo R.I. for 10 years and to pay fine of Rs. 1,000/ - Under Section 376 (2) (g) I.P.C., while each of them have been sentenced to undergo R.I. for 2 years Under Section 506 Part -II of the I.P.C. by judgment dated 13.8.1997 in S.T. No. 119/1996 by I Additional Sessions Judge, Balaghat.

(2.) CR . Appeal No. 2063/1997 has been filed on behalf of accused/ Appellants Tejram, Khunnu @ Sudhram and Aghan. However, the accused/Appellant Khunnu @ Sudhram has also filed Cr. Appeal No. 2064/1997, while the accused/Appellant Aghan has filed Cr. Appeal No. 2065 of 1997 from jail.

(3.) THE case of the prosecution in brief is that on 28.9.1995, prosecutrix Sushilabai (P.W.5) along with her friends Hemlata (P.W.6) and Subhadra (P.W.7) had gone to the school at Paraswada. After the school was over at about 4.00 P.M., they were returning back to their home at village Salhe from the thoroughfare going through the jungle. When they reached near Jatar -Nala, the accused/Appellants met them, stopped them and thereafter, the accused/Appellant Tejram caught hold of prosecutrix Sushilabai (P.W.5), dragged her to some distance and fell her down under a tree. Hemlata (PW -6) and Subhadra (PW -7) ran away from the spot. Appellant Tejram thereafter under threat committed forcible sexual intercourse with prosecutrix Sushila Bai (PW -5). Appellant Khunnu @ Sudhram also committed forcible sexual intercouse with Sushila Bai. She was thereafter threatened by the accused/Appellants. Hemlata (P.W.6) and Subhadra (P.W.7) had informad about the incident in the village, upon which Rajendra (P.W.8) brother of prosecutrix and others came and met her. Sushila Bai (P.W.5) thereafter lodged report (Ex.P/7) at the Police Station. Offence on the basis thereof was registered.