Munnalal @ Bicholi S/o Ramprasad vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(MP) 690

VIVEK RUSIA, SHAILENDRA SHUKLA
Munnalal @ Bicholi S/o Ramprasad – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Sharmila Sharma, Seema Sharma.
For the Respondent: Mamta Shandilya.

JUDGMENT :

SHAILENDRA SHUKLA, J.

1. Appellants Jagdish and Munnalal have filed these separate appeals under Section 374 of Cr.P.C against the judgment dated 27.11.2010 pronounced by 16th ASJ, (Fast Track), Indore, in S.T. No. 1233/2009, whereby the appellants have been convicted under Section 376(2)(G) of IPC and sentenced to Life Imprisonment with fine of Rs.2,000/-each. In lieu of payment of fine amount, they have been directed to undergo 6 months’ R.I.

2. Briefly stated the facts as set out in prosecution case are that on 20.7.2009, a report was lodged at police station Heera Nagar, Indore by the prosecutrix that she has been living with her maternal grand mother Radhabai at Ujjain whereas, her mother Varsha had left her father namely Ravi 4 years ago and since then her mother along with the brother of the prosecutrix were residing with step father Mukesh (acquitted accused) at Indore as tenant in the house of appellant Munnalal. On 5.7.2009, the prosecutrix had come with her grand mother Radhabai from Ujjain to Indore. On 20.7.2009, at about 10.00 am, her step father came to the house along with the appellants Munnalal and Jagdish and asked her mother to accompany him and took her