JAGDISH Vs. STATE OF M P

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dated 29.04.1995 passed by Third Additional Sessions Judge, Raipur in Sessions Trial No. 142/93 convicting the accused/appellant for the offence under Section 376/ 511 of IPC and sentencing him to undergo rigorous imprisonment for two years. Brief facts of the case are that on 05.02.1992, FIR Ex.P-1 was lodged by the prosecutrix (PW-2) aged about 16 years alleging in it that on 04.02.1992 at about 8 p.m. when she was working as labourer in the house of one Gopal Seth, the accused/appellant who was also working as mason at the same place threw her on the floor by catching her hand and made an attempt to commit forcible sexual intercourse with her. Based on this FIR offence under Section 376/511 of IPC was registered against the accused/appellant and after investigation; challan was filed on 09.02.1992 for the said offence.

(2.) So as to hold the accused/appellant guilty, prosecution has examined 05 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.

(3.) After hearing the parties the trial Court has convicted and sentenced the accused/appellant as mentioned above.