RAMJAS AND ANOTHER Vs. STATE OF MADHYA PRADESH (NOW STATE OF CHHATTISGARH)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.2.1990 delivered in Sessions Case No. 52/88 by Shri M.R. Jolhe, Additional Session Judge, Khairagarh whereby the appellant-Ramjas was convicted under Section 354 and 376, IPC and the appellant-Kalamdas was convicted under Section 376 read with Section 34, IPC and both were sentenced to undergo rigorous imprison- ment for five years each under Section 376, IPC.

(2.) Briefly stated the factual matrix is as under :

(3.) Not being satisfied with the manner in which her report was written and the offence of rape was diluted to Section 354, IPC, the prosecutrix lodged a complaint Ex. D. 3 on 16.11.1987 to the Superintendent of Police, Rajnandgaon that on 8.11.1987 while she had gone to attend a call of nature, appellant-Ramjas committed rape on her after gagging her mouth while appellant Kalamdas held her hands and feet. It was alleged that on 12.11.1987 when the prosecutrix went to lodge FIR at Police Station Khairagarh, her report was not written as told by her and an offence only under Section 354 was registered.