RAGHUVIR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.9.1996 passed by Additional Sessions Judge, Durg in Sessions Trial No. 393/1995 convicting the accused/Appellant for the offence punishable under Section 376(1) Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 500/- in default of payment of fine to further undergo imprisonment for six months.

(2.) Facts of the case in brief are that on 5.1.1995 FIR Ex. P-1 was lodged by the prosecutrix (PW-1) a married lady aged about 19 years alleging that on 27.12.1994 at about 8 p.m. she had gone to the house of the accused Appellant to work as labourer and when she was shifting the paddy from one place to another and as the wife of the accused/Appellant had gone back to her house to take meals, taking advantage of her loneliness, he caught hold of her, threw her on the field, inserted a piece of cloth in her mouth and after upturning her sari and petticoat committed rape on her. After commission of the offence, the accused/Appellant threatened her to kill if she disclosed the incident to anyone. After completing her work at about 4 p.m. she returned to her house but as her husband and father-in-law were not in the village and she was scared, she did not disclose the incident to anyone. However, on 3.1.1995 after her husband and father-in-law returned, she narrated the incident to her husband on 4.1.1995 on which as her husband had told her not to keep her, the report was lodged. Based on this FIR, offence under Section 376 Indian Penal Code was registered against the accused/Appellant, she was sent for medical examination on 6.1.1995 vide Ex. P-5A and after completion of investigation, challan was filed by the police on 25.1.1995 for the said offence.

(3.) So as to hold the accused/Appellant guilty, prosecution has examined 09 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 charge levelled against him and pleaded his innocence and false implication in the case.