PREMLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.12.1990 passed by Additional Sessions Judge, Mahasamund, in Sessions Trial No. 195/1989 convicting the accused/appellant for the offences punishable under Sections 450 and 376 IPC and sentencing him to undergo rigorous imprisonment for three years and five years respectively on each count.

(2.) Case of the prosecution in brief is that on 8.3.1989 FIR (Ex. P-l) was lodged by the prosecutrix (P W-1) aged about 16 years al leging that on 7.3.1989 when she was all alone in her house, at about 12 noon accused/appellant entered her house, bolted the door from inside, threw her on the ground, inserted a piece of cloth in her mouth, upturned her sari and committed forcible sexual intercourse with her.

(3.) In order to establish the guilt of the accused/appellant the prosecution has examined 15 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case. In addition to this, two witnesses namely Jagdish Kumar and Nathuram (D W-1 and D W-2 respectively) have also been examined by the defence in support of its case.