SANJU ALIAS SANJAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of conviction and order of sentence dated 20-12-2000 passed by IInd Additional Sessions Judge, Betul in S. T. No. 189/99 convicting the appellants under Sections 376 (2) (g) and 450, IPC and sentencing him to suffer R. I. for 10 years and fine Rs. 200/-each, in default R. I. for one month under Section 376 (2) (g), IPC and R. I. for 3 years and fine Rs. 200, in default, R. I. for 1 month each.

(2.) IN brief the case of prosecution is that in between the night of 12 and 13-12-1999 prosecutrix was in her house alongwith her two children. In the night she noticed that somebody is knocking the door, as a result of which she peeped from window and saw present appellants and one Uttam Ghote. It is said that at the instance of Uttam Ghote, she opened the door and thereafter accused persons entered inside the house. Appellant Sanju was carrying a knife. Thereafter Banti and Surendra Aathole also arrived there. Banti gave threat to prosecutrix that if she would raise alarm, all of them will say that she is having illicit relations with Uttam Ghote and was doing objectionable act with him. Thereafter appellants Sanju and other person Banti undressed the prosecutrix and thereafter first of all appellant Sanju thereafter other person Banti Thakur then Surendra and in the last Sunil committed rape over her. In late night at 12. 30 when husband of prosecutrix Sugreev arrived, she narrated the incident to him and thereafter she also told the incident to Basant Yadav and Suresh Yadav. In morning the prosecutrix lodged the FIR and thereafter a case was registered.

(3.) THE investigating agency after investigating the case filed charge-sheet against three persons, namely, Sanju, Sunil and Surendra. All the accused persons were charged under Sections 376 (2) (g) and 450, IPC. Needless to emphasise, all the accused persons abjured their guilt and prayed for trial.