AWADHRAM ALIAS BEGA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15.4.2000 passed by Additional Sessions Judge, Sakti District Bilaspur in Sessions Trial No. 403/1999 convicting the accused/appellant for the offences punishable under Sections 450 and 376 IPC and sentencing him to undergo rigorous imprisonment for three years with fine of Rs. 2000/- u/s 450 and rigorous imprisonment for seven years with fine of Rs. 3000/- u/s 376 IPC plus default stipulations.

(2.) Facts of the case in brief are that on 27.2.1999 FIR (Ex. P-1) was lodged by prosecutrix (PW-1) - a married lady aged about 22 years at the relevant time alleging that on 24.2.1999 when she was in her house along with her husband, at about 8 p.m. the appellant came there in a drunken state and asked her husband to get some snacks from the nearby shop. It is alleged that when her husband had gone to get the snacks, taking advantage of her loneliness, the accused/appellant caught hold of her hand, threw her on the floor and after upturning her sari and petticoat committed forcible sexual intercourse with her. It is further alleged that as the appellant had tied her mouth with his towel, she could not raise alarm and that after committing rape, the accused/appellant removed the towel from her mouth and fled away. Thereafter, on her breath becoming normal, she raised the screams on hearing which Firtinbai and Dhanbai reached there and she narrated the incident to them. After completion of investigation challan was filed by the police for the said offence on 16.11.1999.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 24 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 Tulsidas (DW- 1) has also been examined by the defence in support of its case.