VYAS NARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.9.1992 passed by Additional Sessions Judge, Raipur, in Sessions Trial No. 43/1991 convicting the accused/Appellant for the offence punishable under Section 376 of the Indian Penal code and sentencing him to undergo rigorous imprisonment for 5 years and pay fine of Rs. 1000, in default of payment of fine to further undergo rigorous imprisonment for five months.

(2.) Case of the prosecution in brief is that on 9.6.1990 F.I.R. (Ex. P-l) was lodged by the prosecutrix (PW-1) aged about 22 years alleging that on 7.6.1990, when she had gone to light the lamp in the temple situated on the first floor of the house accused/Appellant who happens to be her brother in law (Devar) came from behind, caught hold of her, made her lie on the ground and after removing her sari committed forcible sexual intercourse with her. It is alleged that when she informed the incident to her husband Prahlad, father-in-law namely Harakhram and mother-in-law namely Devkibai, disbelieving the same they started abusing her saying that she was telling lie. It is alleged in the FIR that in the night she had gone asleep without taking food. Thereafter, on the next day at about 2 p.m. she went to the house of her maternal aunt namely Ghasanbai and narrated the incident to her who in turn called the brother of the prosecutrix namely Ratan and then they both took her to the house of the accused persons where her father in law Harakhram refused to keep her asking her to call her father and five other persons of the village. After completion of investigation charge sheet was filed against the Appellant under Section 376 IPC and that against other accused persons under Sections 201/34 IPC.

(3.) So as to hold the accused/Appellant guilty, prosecution has examined 15 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 Latabai has also been examined by the defence in support of its case.