HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No. 2792/2000 Raghuvar Singh and another Versus State of Madhya Pradesh _______________________________________________ For the Appellant : Shri Ashok Chakravarti, Advocate. For the Resp./State : Shri Akshay Namdeo, P.L. _______________________________________________ Present: Hon'ble Mr. Justice S.C. Sinho _______________________________________________ J U D G M E N T (21/11/2011) Appellants have filed this appeal being aggrieved by the judgment and conviction passed by IInd Additional Sessions Judge, Raisen in S.T. No. 155/98 vide impugned judgment dated 15/11/2000 whereby being convicted u/s 436 of IPC they have been sentenced to undergo RI for a period of 3 years with fine of Rs. 1000/- each in default to suffer further RI for 6 months. Further, being convicted u/s 323 of IPC, they have been sentenced to undergo RI for 3 months with fine of Rs. 200/- each in default to suffer further RI for 15 days. 2. The case in brief is that on the intervening night of 24-25/05/97 in village Nabbar complainant PW-2 Gyarsi Bai alongwith her husband PW-3 Santosh was sleeping in the hut. At that time, appellant came on the motorcycle and woke up the complainant and demanded intercourse with her and started pressing her breast. She started crying. Hearing the cry her husband Santosh came there on which appellants threatened, assaulted them and set the hut on fire. Complainant lodged the report in concerning police station. After due investigation, charge sheet was filed. 3. Shri Chakravarti, learned counsel for appellant has submitted that appellant no.1 has remained in jail for 95 days and appellant no.2 has remained in jail for 154 days. Shri Chakravarti has further submitted that prosecution has not supported the whole case. 4. On perusal of statement of PW-2 Gyarsi Bai it is as clear as day that on the intervening night of 24-25/05/97 in village Nabbar she alongwith her husband PW-3 Santosh was sleeping in the hut. Appellant came on the motorcycle and woke up her and demanded intercourse with her and started pressing her breast. She started crying therefore her husband Santosh came there on which appellants threatened, assaulted her and set the hut on fire. PW-3 Santosh has supported the statement of Gyarsi Bai, there are no contradictions or major omission, there is no reason that why complainant will falsely implicate appellant on cost of real culprit. Just after the incident Ex.P-4 named FIR was lodged in the police station Dehgaon, which is 15 km from the complainant's village. PW-5 Dr. T.R. Thakur has examined the complainant Gyarsi Bai and her husband Santosh on 7/05/2000 and found swelling and other injuries as per Ex.P-7 and P-8. The medical evidence is fully supported the statements of Gyarsi Bai and Santosh. 5. Looking to the nature of offence, no lenient view can be taken against appellants. The court below has rightly convicted the appellants u/s 436 and 323 of IPC. Sentence also does not required any modification. 6. Consequently, the appeal is dismissed. Appellants are on bail. Their bail bonds stand cancelled. They are directed to surrender before the court below to serve out the remaining period of sentence. Copy of this order be sent to the trial court for information and compliance. (S.C. Sinho) Judge nn