RAMDIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by the judgment dated 14-9-1999 passed in Sessions Trial No. 312/98 by the learned First Addl. Sessions Judge, Ambikapur convicting the appellant under Ss. 376/511, IPC and sentencing him to undergo rigorous imprisonment for six years, the appellant has filed this appeal.

(2.) The prosecution case in brief is that on night of 3-9-1998 at about 11-00 p.m. when the prosecutrix was all alone at home the applicant knocked the door, entered in the house, fell the prosecutrix on ground and committed rape upon her. The matter was reported to the police and after completion of the investigation a charge-sheet was filed against the appellant. As the accused denied the commission of offence, he was put to trial.

(3.) After recording the evidence and hearing the parties, the learned trial Court held that the prosecution could not bring home the guilt punishable under S. 376, IPC but was successful in bringing home the guilt punishable under Ss. 376/511, IPC.