SUMITRA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants No. 2 to 6 have been convicted under Sections 363 and 366 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of 3 years and 5 years respectively. They have also been sentenced to pay a fine of Rs. 500/- and Rs. 1,000/- each for these offences. Appellant Sumitra Bai and Vijay have been convicted under Section 368 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of 5 years and to a fine of Rs. 1,000/- each.

(2.) The prosecution case is that on 22-8-1985 at about 2.00 p.m. Sangeeta (P.W. 10) aged about 14 years and a student of Class VIII was reading in her house. She is daughter of Bindasingh (P.W. 7) who was Security Guard in Katkona Colliery. Accused K. Shanker Rao Reddy, Basantram. Shrichand, Ghuran and Anil Kumar Mishra, knocked at the back door of her house. She opened the door. They told her that accused Sumitra was calling her. Sangeeta (P.W. 10) used to treat accused Sumitra, as her sister. Sangeeta (P.W. 10) went with them towards the house of accused Sumitra. In the way, accused K. Shanker Rao Reddy remarked why she was living with her poor father. He also represented that he would make her a Doctor and marry her. On the way, near the nala, accused Sumitra Bai was standing. All of them reached the house of accused Sumitra. Sangeeta (P.W. 10) asked Sumitra the reason for calling her. Sumitra Bai told her that she would tell this after some time. She gave her an apple and some groundnut to eat. She took those things and started feeling drowsiness. She fell asleep. In the evening at about 5.30 p.m. Sangeeta (P.W. 10) expressed that she wanted to meet her mother. Sumitra Bai replied that now she would meet another mother. Sumitrabai took her to a room and closed it. Next day she was shifted to bath room of the house. A search was being made for Sangeeta (P.W. 10). She was recovered from the house of Sumitra Bai in the night. She was taken to her parents. She narrated the whole incident to them. Bindasingh (P.W.7) lodged the report (Ex. P.7) at Police Station, Patna on 24-8-1985 at 9.30 a.m. After investigation the charge-sheet was filed.

(3.) The accused persons pleaded not guilty. Their defence was that they have been falsely implicated.