BHURA GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") is preferred against the judgment dated 22/05/2015 passed by Special Judge (SC/ST (PA) ACT), District Rajgarh in Special Case No.27/2013, whereby the appellant has been convicted for offence punishable under Sections 370/120-B, 366, 376, 344, 323 of IPC and sentenced to undergo 8 years, 5 years, 8 years, 2 years and 6 months R.I with fine and usual default stipulation.

(2.) The facts of the case, briefly stated, are that, co-accused Charan singh was married to one Payal, a neighbour of the prosecutrix due to which the prosecutrix and her family got acquaintance with him. On a call being made by the co-accused for arranging marriage of the prosecutrix with the appellant Bhura Gurjar, on 04/01/2013, the prosecutrix, her mother along with one Geeta Shrivas and Jitendra Pahade went to Bhopalpura. Prosecutrix accepted for marrying the appellant and they all went to Biaora for performing Court marriage of Bhura Gurjar with the prosecutrix. Prosecutrix's mother left the prosecutrix at the co- accused Charan Singh's house and went to her village for getting documents in support of age proof of the prosecutrix.

(3.) It is further alleged that the Charan Singh sold the prosecutrix to appellant Bhura Gurjar for Rs.60,000/- who took her to his house and committed rape upon her. When prosecutrix refused to marry him then he assaulted her cruelly. Once when prosecutrix was alone she informed about the incident to her mother over mobile, due to which the appellant got anger and he broke the sim card of her mobile. Complainant lodged a complaint against the appellant Bhura Gurjar and co-accused Charan Singh, on the basis of which F.I.R bearing crime No.07/2013 was registered against appellant and other co-accused persons for offence punishable under Sections 376, 344, 370 of IPC, 1860 read with Section 3(2)(5) of SC/ST (PA) Act, 1989. After completion of investigation charge-sheet was filed against the appellant and coaccused Charan Singh for offence punishable under Sections 376, 370, 344, 342, 323, 506 of IPC.