Judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the Judgment of a Division Bench of the Madhya Pradesh High Court, Gwalior Bench, upsetting the acquittal as recorded by learned Additional Sessions Judge, Ashok Nagar, in Sessions Trial No.12/86. Three accused persons namely the present appellants and one Chaturbhuj faced trial for alleged commission of offence punishable under Sections 376, 392, 342 and 506 of the Indian Penal Code, 1860 (in short the ‘IPC’). The trial Court directed acquittal of all the three accused persons. In appeal filed by the State under Section 378 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) the Order of acquittal was set aside and accused persons were found guilty of offence punishable under Sections 342 and 376 of IPC. But it upheld the acquittal for offence relatable to Section 392 and 506 (II) IPC. The appellants were sentenced to undergo seven years and six months custodial sentence and fine with default stipulation for offences relatable to Sections 376 and 342 IPC.

2.Prosecution version which led to the trial of the accused persons is as follows :

On 23.9.1985 in the evening prosecutrix alongwith her husband Dayaram we