ISRAR HUSSAIN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against judgment and order dated 16/11/2018 passed in Sessions Trial No.292/2018 by 4th Additional Sessions Judge, Dewas, whereby the learned trial Court has convicted the appellant under Sections 366, 376(2)(n) and 376(2)(f) IPC and has awarded 7 years and life imprisonment (twice) till last breathe (means imprisonment for the remainder of his natural life) along with fine of Rs.5000/-, 10,000/- and Rs.10,000/- respectively. In default, he has further to undergo 6 months, 1 year and 1 year RI.

(2.) The facts are not disputed that the prosecutrix is wife of younger brother of the appellant. Israr Hussain (P.W.1) is husband, Kherunisa (P.W.3) is mother and Rehman (P.W.7) is brother of the prosecutrix (P.W.2). The husband of the prosecutrix works as Conductor. He used to leave his house at 7:30 in the morning and to come back at about 10 in the night. The prosecutrix was living in joint family of in-laws, where his elder brother-in-law (Jeth) (appellant), parents-in-law were all residing together. At the time of incident, wife and children of the appellant had gone to Malegaon, Maharashtra. The prosecutrix has two children. The accused was arrested by the police before husband and brother of the prosecutrix vide arrest memo Ex.P/3.

(3.) It is the case of the prosecution that there was some altercation between the prosecuterix and her husband on 21/04/2018. Taking advantage of the situation, the appellant, who is elder brother-in-law (jeth) of the prosecutrix proposed that he will perform nikah with her. Believing on him, the prosecutrix left home with him. They reached Bus-stand, but here the prosecutrix asked him to leave her at her mother's home, but the accused threatened and asked her to follow else he will kill her. He took her to Ajmer on the pretext that he will perform nikah there. He took a room on rent in Ajmer and made physical relation with her forcibly against her wish. He kept her there for 3-4 days. Thereafter, took her Udaipur by train. They stayed in a Dargah for a night and proceeded for Chittor. They stayed in Chittor for a night and came back Indore and stayed in Khajrana for 2-3 days. Here also, he raped her by threatening her.