BYASRAM YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 14.8.1996 passed by Additional Sessions Judge, Bilaspur in Sessions Trial No. 12/1991 convicting the accused/appellant for the offence punishable under Section 376 IPC and sentencing him to undergo rigorous imprisonment for ten years and pay fine of Rs. 10,000 in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) Facts of the case in brief are that on 5.9.1989 at about 4.55 p.m. FIR Ex. P-2 was lodged by Phul Bai (PW-2) to the effect that on that day when she had gone to her workplace along with her younger sister (PW-3-the prosecutrix herein), at about 12.10 afternoon, the appellant who was working as driver in NTPC, took her and her sister to his house on the pretext of taking food. Thereafter, it is alleged that she was turned out of his house by him and after bolting the front door, he entered his house from the back door and put the door on latches. Sometime thereafter hearing the cries of her sister when she banged at the door, the appellant opened the same and then she saw her sister lying unconscious on account of rape being committed by the accused/appellant. Based on this FIR, offence u/s 376 IPC was registered against him, the prosecutrix was sent for medical examination on 6.9.1989 vide Ex. P-6 and after completion of investigation, challan was filed by the police on 2.12.1989 for the said offence.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 06 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.