PETU ALIAS GOPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 24/12/2012, passed by 8th Additional Sessions Judge, Gwalior in Sessions Trial No.07/1996, by which the appellant has been convicted under Section 376 (2)(g) of IPC and has been sentenced to undergo the rigorous imprisonment of ten years and a fine of Rs.1,000/- in default to further undergo rigorous imprisonment of two months.

(2.) As per the certificate issued by the Trial Court under Section 428 of CrPC, during the trial, the appellant had already undergone the actual jail sentence of three years, four months and 22 days approximately. Further, the appellant is in jail from 24/12/2012 i.e. from the date of judgment and from the order sheets of this case, it appears that the appellant had never filed an application for suspension of sentence and grant of bail. Thus, it appears that the appellant must have undergone the entire jail sentence of rigorous imprisonment of ten years.

(3.) The necessary facts for the disposal of the present appeal in short are that on 06/11/1994 at about 1:00 PM the prosecutrix lodged a report that she is the resident of Gendewali Sadak. Her father-in-law and motherin-law live in Village Koleth. She had gone to Village Koleth one day before Diwali to celebrate the festival. At about 11:00 PM she went to answer the call of nature where the co-accused Ramdeen and the appellant committed rape on her after gagging her mouth. They had also extended a threat that in case if any complaint is made, she would be again ravished. Earlier also, the prosecutrix had made a complaint at police station Tighra against the co-accused Ramdeen for molesting her. The prosecutrix came back and informed the incident to her mother-in-law and on the next day, without taking bath she came back and informed the incident to her husband and accordingly, the matter was reported to the police on 06/11/1994. Since the incident had taken place within the jurisdiction of Police Station Tighra, therefore, the matter was transferred to the said police station and Crime No.51/1994 for offence under Section 376/34 of IPC was registered. The prosecutrix was sent for medical examination. The site memo was prepared. Accused persons were arrested vide arrest memo Ex.P5 and Ex.P6. Clothes, vaginal slides and vaginal swabs of the prosecutrix were prepared and sealed by doctor which were duly seized by the police and were sent to FSL and the FSL report is Ex.P9. The statements of the witnesses were recorded and the charge sheet was filed against the present appellant and the co-accused Ramdeen for offence under Section 376/34 of IPC.