MUNNA Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been preferred against the conviction and sentence of the appellant for offences under Sections 450 and 376 of the Indian Penal Code (IPC) for which the appellant stands sentenced to undergo rigorous imprisonment for seven years under both heads but the sentences are to run concurrently, apart from being sentenced to pay fine.

(2.) Case of the prosecution as per FIR is that on 19th April, 1993, when the prosecutrix (PW 1) was sleeping in her house at 1.00 A.M., the appellant along with co-accused Sahab Singh @ Mutta entered the house of the prosecutrix and both of them committed rape on the prosecutrix and then fled away. They were carrying knife which was shown to the prosecutrix to threaten her if she raised alarm. The prosecutrix narrated the incident to her husband and lodged First Information Report at the Police Station on the next day. After investigation both the accused were sent up for trial.

(3.) We have heard learned counsel for the parties.