GOKARAN KANWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8.10.1992 passed by Additional Sessions Judge, Durg, in Sessions Trial No. 351/1991 convicting the accused/appellant for the of-fence punishable under Section 376 IPC and sentencing him to undergo rigorous impris-onment for seven years and pay fine of Rs. 1,000, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) Case of the prosecution in brief is that on 9.6.1991 FIR (Ex. P24) was lodged by the prosecutrix (PW9) aged about 35 years al-leging that on 8.6.1991 when she was sleep-ing in the verandah of her house along with her husband and two children, at about 9 p.m. when dark was prevailing, she felt as if someone was committing sexual inter-course with her but she being under the im-pression that the person doing so must be her mentally challenged husband, did not oppose the same. Meanwhile, the person committing the offence uttered that "Bhabhi Mein Galat Kaam Kar Raha Hoon" and thus on hearing his voice, she came to know that it was the accused/appellant. Thereafter, she protested against the act of the accused/ appellant raising her cries and when he was running away from the spot, she also fol-lowed him and succeeded in catching hold of him near the pond but as on hearing her cries her elder brother-in-law (Jeth) also reached near the pond, on seeing him, the accused/appellant fled away having himself freed from the grip of the prosecutrix.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 13 wit-nesses 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 charge levelled against him and pleaded his inno-cence and false implication in the case.