Mahesh Bhagwati, J. - (1.) Challenge in this appeal is to the judgment dated 25.2.1997 whereby the learned Additional Sessions Judge, Dholpur has acquitted the accused respondent Devicharan in the offences under Sections 366, 368 and 376 and accused Siyaram in the offences under Sections 366 and 376 of I.P.C.
(2.) The nub of the prosecution story as unfolded by PW-8 the prosecutrix in her Parchabayan Ex.P-2 is as under: That the prosecutrix is a resident of Raja Pet Distt. Amravati, Maharashtra. Her father's name is Anjab Rao and her mother is Subhadra. Out of 5 brothers and two sisters, she is the youngest. Four years prior to November, 1986, she married to one Ram Chandra Deshmukh resident of Amravati. She had no child. Her husband is a drunkered and used to harass and torture her. So she left her house. It has been stated that having left her in-laws house, she started residing with her mother at Paratwada Distt. Amravati. It has been alleged that about 6-7 days before 3.11.1986, she was getting the crop of Jowar reaped from the labourers. At about 4-5 P.M., the accused Devicharan Driver stopped his truck on wayside of the road and came to her well for taking bath. The prosecutrix asked him not to take bath there as there were so many ladies working nearby. Thereafter, the accused Devicharan indicated her to come near and asked her to locate some well where he could take bath as many days he had not taken the bath for so many days. The prosecutrix boarded the truck of Devicharan and Devicharan took her towards Bhopal. The prosecutrix asked the accused Devicharan to stop the truck after 2 Kms. but instead of alighting her, he took her to Bhopal. From Bhopal, the accused brought her to his own house at Badi Distt. Dholpur. It is further alleged that the accused Devicharan went to Delhi to unload the luggage of truck. He came back after three four days. During this period, his brother Siyaram forcibly ravished her everyday. He not only raped upon her once in a day but used to ravish her three times every day without her consent. When the accused Devicharan came back, he also ravished her against her will. The accused persons wrongfully confined her in the house for 6-7 days. When she came to know that they were going to sell her in 20,000/- Rs. she quietly called one girl of the age of about 15 years and asked her to inform the police about it. The police having received this information, came to the house of Devicharan, recovered the prosecutrix Mst. Meena, recorded her Parchabayan Ex.P-2 whereupon F.I.R., Ex.P-5 was lodged and investigation commenced.
(3.) During the course of investigation, the Investigating Officer recorded the statement of the witnesses acquainted with the facts and circumstances of the case, arrested the accused respondent Devicharan and Siyaram vide Memo Ex.P,7 and Ex.P-8 respectively, seized the Peticot of prosecutrix vide Ex.P-3, necessary memos were also drawn and after usual investigation, filed the charge sheet in the Court.;