ANANDI Vs. STATE OF M. P.

JUDGEMENT

(1.) By this common judgment, the Cr.A. No. 1198 of 2015 filed by Anandi and Cr.A. No. 73 of 2016 filed by Rajesh shall be decided.

(2.) These Criminal Appeals have been filed against the judgment and sentence dated 30-09-2015 passed by 1st Additional Sessions Judge, Vidisha in Special Sessions Trial No. 34/2015 by which the appellants have been convicted and sentenced as under :

(3.) The necessary facts for the disposal of the present appeals in short are that on 25-1-2015, the prosecutrix lodged a report on the allegations that She has studied upto Class 2. On 8-1-2015, at about 5 P.M., She was going to answer the call of nature. The moment She reached in front of the house of the appellant Rajesh, he gagged her mouth and dragged her in his house and threw on the ground and after closing the door, went outside. The appellant Anandi was already present in the room. He tied her hands with her chunni and after removing her salvar, committed rape on her. The complainant was shouting as a result of which, her friend Pooja Ahirwar opened the door and after instructing the prosecutrix to immediately come out, Pooja ran away from the spot. The appellant Anandi had threatened her, that in case if she discloses the incident to any body, then he would kill her. As the complainant was afraid of the appellants, therefore, did not inform the incident to any body. However, as the news spread in the village, therefore, She narrated the incident to her relatives Gopal Singh and Chanda Bai. Accordingly the F.I.R. was lodged. The police registered crime No.18/2015 for offence under Sections 342,506,376(2)(h) of I.P.C. and under Section 3/4 of Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act). During investigation, the spot map was prepared. The prosecutrix as well as the appellants were sent for medical examination. The school record of the prosecutrix was seized. The appellants were arrested. The seized articles were sent to F.S.L., Bhopal. The police after completing the investigation, filed the charge sheet against the appellants for offence under Sections 342,376/34,506/34,366A of I.P.C. and under Section 3/4 of POCSO Act.