KAMLABAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since matter arises out of the same judgment of conviction and sentence dated 28-08-2004 passed by the VI Additional Sessions Judge (Fast Track Court), Bhind in S.T.No.43/2001, therefore, these three appeals are heard analogously and decided by a common order. Cr.A.No.538/2004 and Cr.A.No.560/2004 are preferred by the accused persons and Cr.A.No.709/2004 has been preferred by the State for enhancement of sentence. For convenience sake, all the three appeals have been heard together and decided by a common order and facts of the case are borrowed from Cr.A.No.538/2004 for consideration.

(2.) It is the case of prosecution that accused Kamla Bai is mother of co-accused Ramvijay and other co-accused Kesh Kumar and Gulle are brothers of her son-in-law. Kamla Bai resides with Raghuvir Das. Daughter of Kamla Bai -Rekha eloped with son of prosecutrix -Akhilesh and chain of incident thereafter started on the report of Rekha. Accused Raghuvir Das and Kamla Bai were tried for the offence under Sections 343 and 376 of IPC by way of S.T.No.21/2001 and vide Judgment dated 13-11-2003 acquittal was recorded in their favour.

(3.) As per story, since son of prosecutrix (Akhilesh) eloped with daughter of Kamla Bai (Rekha), therefore, harbouring animosity and to wreak vengeance; Kamla Bai, Raghuvir Das, Ramvijay, Kesh Kumar and Gulle along with two other persons and one driver of vehicle Tata Sumo barged in the house of prosecutrix at Purani, Bhind but she was smart enough to escape and she went to her other house at Harsh Nagar, Etawah but they chased her and from there they picked up prosecutrix and her son Vijayshankar (son other than Akhilesh) and took them back to Bhind at residence of Kamla Bai near tube well and were illegally detained. Raghuvir Das committed rape over the prosecutrix from 14-09-2000 to 26-09-2000. Police rescued them on 27-09-2000. On the report of prosecutrix Ex-P/6, case was registered and investigation carried out.