KARTIKESHWAR ALIAS KARITK Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23.5.2000 passed by Additional Sessions Judge. Raipur, in Sessions Trial No. 07/2000 convicting the accused/Appellant for the offence punishable under Section 376 IPC and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 1000. in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) Case of the prosecution in brief is that on the basis of written report lodged by the prosecutrix (PW-5) FIR (Ex.P-6) was registered against the accused/Appellant alleging that on 17.10.1999 when the prosecutrix aged about 16 years was cleaning the earthen oven in the house of father of the accused/Appellant, accused/Appellant came there, took her to another room by catching hold of her, inserted a piece of cloth in her mouth and after removing her cloths committed forcible sexual intercourse with her. On cry being raised by her, Umakant (PW-6) and his wife Jalanbai came there. Meanwhile, father of the accused had also come there and consoled her saying that he would get the matter decided in the meeting of the society. Thereafter, she came back to her house and narrated the entire story to her mother but as her father was not at home, the report could not be lodged in time. When her father came after about one month, incident was narrated to him. Thereafter, a meeting was called in which a decision to lodge the report was taken.

(3.) So as to hold the accused/Appellant guilty, prosecution has examined 10 witnesses in support of its case. Statement of the accused/Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. This apart, one Sundarlal (DW-1) was also examined by the defence in support of its case.