SUBHASH Vs. STATE OF M P

JUDGEMENT

(1.) BOTHTHE appeals are arising out of one common judgment, therefore,decided by this common judgment.

(2.) THE appellants Subhash and Bhuru have challenged their conviction under section 376 of the IPC, sentenced to R. I. for 10 years each passed by the learned first Additional Sessions Judge, Khargone, West Nimar in Sessions Trial No. 308/ 91 judgment dated 2nd September, 1995.

(3.) ACCORDING to the prosecution case, on 26. 05. 1999, in the night, at 8. 00p. m. , prosecutrix and her father PW-2 Munshi were returning back to their house after taking night meal in the marriage function of one Kishore Sharma residence of village Thibgaon (Badi ). When they reached near Govt. Nursery two persons attacked on them, out of which one was having sword. Person, who was having sword rushed towards her father to assault because of which father Munshi ran away. Prosecutrix also tried to run away but she was caught and taken in a field wherein maize crop was standing. Both had committed sexual intercourse with prosecutrix against her consent and will and also looted her two golden Bali and nose pin (Nath), at that moment father and other villagers reached heat the field. Prosecutrix raised cry because of which appellants leaving sword in the field fled away. Villagers chased the accused and caught one accused, who disclosed his name Subhash and he had also disclosed the name of his companion i. e. appellant bhuru Pardhi. Prosecutrix disclosed about the incident to the villagers. Appellant subhash with sword was taken to the Police Chowki. Prosecutrix PW-1 lodged the report in the Police Station and was sent for medical examination. Police prepared spot map. Appellant Subhash was also arrested and he was got medically examined by police. On disclosure statement made by the appellant Subhash, from his house nose pin (Nath) was seized. Police collected the clothes of the prosecutrix in a sealed packet from hospital. Clothes of the appellant and prosecutrix as well as slide of vaginal swab were sent to Forensic Science Laboratory and its report is Ex. P/7. On completion of investigation charge-sheet was filed against the appellants for commission of offences under Sections 341 506, 392, 363, 376 of the IPC and under Section 25 of the Arms Act. Appellants denied the charges, therefore, put to trial. They have not examined any witness in defence. Learned Trial Court finding the appellants guilty, convicted and sentenced them as indicated herein-above.