The information was laid by PW 4 at the Police Station, Chhindwara on the same night at 1.30 A.M. The Police Station is at a distance of five kilometers from the village.
PW 2 and other minor children were left in the house alongwith servant Baban PW 4 .
During the night, the accused is alleged to have companye there armed with rifle and forcibly took away the prosecutrix from her hut to some distance where he companymitted the offence of rape on her.
On 4.12.1979, the parents of PW 2 Prosecutrix had left for Chhindwara.
The learned Trial Judge accepted the testimony of PWs 2 and 4 and companyvicted the respondent as stated above.
The house of PW 2 is situated in their fields.
The cries of alarm raised by her attracted the servant Baban and other persons working in their fields.
After companypleting the investigation, the respondent was proceeded against.
The respondent accused was companyvicted by the learned Second Additional Sessions Judge, Chhindwara under Sections 366 and 376 IPC and sentenced to three years and five years rigorous imprisonment respectively.
P. Jeevan Reddy, J. This appeal is preferred by the State of Madhya Pradesh against the judgment of a Division Bench of Madhya Pradesh High Court allowing the appeal filed by the respondent accused.
