BHAROSA Vs. STATE OF MP

JUDGEMENT

(1.) THE appellants hve preferred this appeal aggrieved by the impugned judgment of conviction and sentence dated 20.2.2003 passed by Special Judge, Guna, in Special Case No. 68/2001, whereby held the present appellants guilty for the offence punishable under sections 363, 366 and 376 (2) (g) of IPC and sentenced each of them to three years RI with a fine of Rs. 500/-, five years RI with a fine of Rs. 500/- and ten years RI with a fine of Rs. 1,000/- on each count. All the sentences are ordered to run concurrently.

(2.) BRIEF facts of the case are, on 20.11.1999 at village Ruthiai the complainant-prosecutrix (PW 18) went for her natural call in the forest, at that time it is alleged tht both the appellants together with two other co-accused persons came there and forcibly kidnapped the complainant-prosecutrix from the forest and took her to some village and thereafter it is alleged that both the present appellants had committed rape on her. After somtime the complainant-prosecutrix came out from the house concerned and narrated the incident to her father and thereafter went to the Police Outpost Ruthiai, on the basis of this FIR the police had registered a case under sections 363, 366 and 376 (2) (g) of IPC; sent the complainant-prosecutrix for medical examination to the Government Hospital where the concerning Dr. Lekha Tiwari (PW 7) examined the prosecutrix and proved the report Ex. P-5, also prepared the slide of vaginal discharge and after sealing handed over to the Constable for chemical examination. Dr. R.K. Jain (PW 11) took the X-ray of the right wrist joint and elbow joint of the complainant-prosecutrix for ossification examination, on the basis of which opined her age in between 16 to 18 years and proved the report Ex. P-20. After arrest all the four accused were put for identification by the complainant-prosecutrix before the Executive Magistrate and the complainant-prosecutrix identified the present appellants together with two other co-accused persons as the persons who kidnapped her, for which the identification memo Ex. P-22 has been prepared. After due investigation the charge sheet has been filed against all the four accused persons.

(3.) KANHAIYA from the aforesaid offence, and sentenced the present appellants as stated herein above; aggrieved by which the appellants have preferred this appeal.