ROSHAN LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 3-4-1992 passed by Additional Sessions Judge, Raipur, in Sessions Trial No. 154/1991 convicting the accused/Appellant for the offences punishable under Sections 363 and 376, IPC and sentencing him to undergo rigorous imprisonment for two years Under Section 363 and rigorous imprisonment for five years and fine of Rs. 500 plus default stipulation, Under Section 376, IPC.

(2.) Case of the prosecution in brief is that on 24-1-1991 at about 12.30 p.m. FIR Ex. P-1 was lodged by the prosecutrix (P.W. 1) aged about 13 years alleging that on the previous date i.e. 23-1-1991 at about 9 p.m. she was returning from the house of the accused/Appellant after watching TV programme called as "Chittrahar" and when on the way she sat for urination, all of a sudden accused/Appellant came from behind, dragged her to the thrashing field of one Roop Chand Satnami, threw her on the ground and after removing his as also that of her undergarments committed forcible sexual intercourse with her. When she raised cries, her mouth was gagged with shawl. After commission of the offence, she reached her house and narrated the entire incident to her mother. On the basis of this report, Police registered the offence under Section 376, IPC. However, the trial Court framed charges against the accused/Appellant under Sections 363 and 376, IPC.

(3.) So as to hold the accused/Appellant guilty, prosecution has examined 22 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.