RAJARAM Vs. STATE OF M P

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 04/06/2015 passed by Additional Sessions Judge, Agar, District Shahjapur in Sessions Trial No.153/2013, whereby the appellants have been convicted as under:

(2.) The facts leading to the present case are that on 19/03/2013, prosecutrix lodged a report at Police Station Agar that on 15/01/2013, she along with her friends had gone to Ujjain Mahakaal Temple. After darshan, on 16/01/2013 they all left to Chhindwara by train, however, the prosecutrix missed the train as she went to get water bottle from the station. Present appellants Rajaram and his wife Bhuribai met her in Ujjain station, by giving assurance to safely send her back to Chhindwara, they took her to their house, where she was confined in a room for about more than 1 1/2 months. Thereafter, they sold her to one Tejaram, who took her to village Kulmadi near Agar in bus and kept her in room and committed rape upon her. It is further alleged that when Tejaram goes out of his house, his mother would keep watch of the prosecutrix and would not allow the prosecutrix to talk with anyone. On 19/03/2013, she escaped from that house and came to the police-station through the forest and filed the complaint. On that basis FIR bearing crime No.117/2013 was registered against the appellants for offence punishable under Sections 344, 363, 366, 376(2)(n) of IPC, 1860 read with Section 3/4, 5/6 of Protection of Children from Sexual Offences Act, 2012 (for short 'the Act, 2012'). During investigation police arrested Tejaram, his mother, sister and the present appellants. Prosecutrix and Tejaram were sent for medical examination. After completion of investigation, charge-sheet was filed against the appellants for the offences tabled herein above.

(3.) Appellants abjured their guilt and took a plea that they have been falsely implicated in the present case However, they have not examined any witnesses in their defence.