BHAIYAMIYAN ALIAS JARDAR KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of the following facts:

(2.) On the completion of the investigation the accused were charged under Sec.376 (2)(g) of the IPC for having committed gang rape on PW.1. The Trial Court, vide its judgment dated the 6th January, 1992 observed that in the light of the fact that the FIR had been lodged after a delay of about 60 hours and that the statement of the prosecutrix was full of contradictions and as the statements of her father and mother (PW2 and PW.3) were based on the information given by her to them, no reliance could be placed on their evidence as well. The Court also found that in the light of the fact that the prosecutrix had declined to be medically examined at Sironj, where the First Information Report had been lodged, and had insisted that she be examined at Vasoda which was 55 k.ms. away, cast a doubt on the prosecution story. The court further observed that as per the medical evidence no injury had been found on her person though she had been raped by two persons and as such there was no evidence to suggest that rape had been committed. On a cumulative assessment of the prosecution evidence the Trial Court acquitted the accused.

(3.) An appeal was thereafter filed by the State before the High Court. The High Court has given a finding that the decision of the Trial Court was perverse and called for interference. The High Court has relied on the evidence of PW.1 and her parents as also on some part of the evidence of Dr. Mamta Sthapak-PW.7 who had medically examined the prosecutrix after about 24 hours. The High Court has accordingly allowed the appeal and sentenced the accused to 10 years R.I. with a fine of Rs.25,000/- under Section 376(2)(g) of the IPC, and in default of payment of fine, RI for two years.