- (1.)This criminal appeal is filed by the appellant being aggrieved by the judgment dated 28/07/2008 passed by the 11 th Additional Sessions Judge (Fast Track Court), Bhopal in ST No.133/2008 whereby the appellant was convicted for commission of offence punishable under Sections 363, 366-A and 376 of IPC and was inflicted with the sentence of 10 years with fine of Rs.5,000/- for the offence under Section 366-A of IPC and 7 years with fine of Rs.5,000/- for the offence under Section 376 of IPC, whereas no separate sentence was inflicted for the offence under Section 363 of IPC. All the sentences were directed to run concurrently. It was also directed that a sum of Rs.10,000/- be provided to the prosecutrix as a compensation out of the fine amount, if deposited.
(2.)It is admitted that the prosecutrix as well as the appellant-accused belongs to Scheduled Tribe "Bhilala" and they were governed by their custom.
(3.)Prosecution case, in short, is that the prosecutrix aged 15 years was staying with her uncle viz. Naval Singh at Bhopal. She came to Bhopal to do some labour work to earn her livelihood. The appellant-accused Chhaganlal was brother-in-law of the prosecutrix. Initially one cousin sister of the prosecutrix was married with the appellant-accused Chhaganlal, but at the time of incident the appellantaccused was a widower. On 2/1/2008 at about 9:00 AM in the morning the appellant-accused Chhaganlal asked the prosecutrix to visit Habibganj with him for a labour work assigned by the contractor. Consequently she visited Habibganj with the appellant-accused. The appellantaccused took her to Goharganj by a truck, then from Goharganj he took her to village Agariya. In the midway the appellant-accused committed rape on her. Thereafter the appellant-accused took her to his uncle's house at Agariya where they stayed for two days and in the house of his uncle the appellant-accused committed rape on her for 2-3 times. Then again the appellant-accused took her to the house of his sister at village Sadoli where they stayed for four days and the appellant-accused committed rape on the prosecutrix in each night. Again they came to village Agariya and stayed for one day. From Agariya they proceeded of Goharganj on foot. In the midway Jhuma Bai (PW-5), mother of the prosecutrix saw them and she recovered the prosecutrix and took her to Police Station Goharganj. The police referred the matter to the Police Station Piplani where after due enquiry the crime was registered by Ex.P-12.