KALU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants/accused persons have preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short 'The Code') being aggrieved by the judgment dated 09/05/1998, passed by Sessions Judge Ujjain, in Sessions Trial No.108/1995, whereby each of the appellants /accused persons has been convicted for the offence under Section 376(2)(g) of IPC, 1860 and sentenced to under go 10 years R.I and a fine of Rs.1,000/- with usual default stipulation.

(2.) Prosecution story in short is that on 15/08/1994, the prosecutrix was taking bath at the hand pump situated near her father's house at village Kanchankedi, Tehsil Kachrod, District Ujjain, at the time, appellants came there. Appellant no.1-Kalu caught hold of her and when she tried to shout, appellant Ramesh forcefully shut her mouth and both the appellants took her to the field of Shankarlal Dhakad, slammed her down in the field. Appellant no.2-Ramesh caught hold of her hands, tore her blouse, inserted soyabean leaves in her mouth and pressed it. Then appellant/accused Kalu tore her petticoat and committed rape upon her. Thereafter, the appellants fled away from the spot. The prosecutrix then opened her mouth and cried loudly. On hearing her cry her mother, sister Shyamu, father-Ramji, Ragunath, Bharat, Bhuvan, brother Dayaram and other villagers came there and she narrated the story to them. Incident has taken place in the night and therefore, the prosecutrix cannot lodge the report on the same day. Next day, i.e. on 16/08/1994, she lodged the FIR at Police Station Kachrod, District Ujjain. On the basis of which offence under Section 376 read with Section 34 of IPC, 1860 was registered. The prosecutrix was sent to the hospital for medical examination, her petticoat was sealed and sent to Police Station which was seized by the Police. The ossification test of the prosecutrix was conducted in which her age was found to be about 17 years. The statement of the prosecutrix and other witnesses were recorded. Police visited the place of occurrence and prepared the spot map, arrested the accused persons, who were also sent for medical examination. Under garments of the accused persons and petticoat of the prosecutrix were sealed and sent to Regional Forensic Science Laboratory, Indore for chemical analysis. After completion of investigation, charge-sheet was produced before the Chief Judicial Magistrate, Kachrod, who committed it to the Court of Sessions Judge for trial.

(3.) The trial Court framed the charges against the appellants/accused persons for the offence under Section 376(2)(g) of IPC, 1860. Appellants abjured their guilt and took a plea that they are innocent and have been falsely implicated in the crime. However, they have not examined any witness in support of their defence.