THAKUR KUMAR VISHWAS Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 22.03.1995 passed by Additional Sessions Judge, Durg, camp at Bemetara in Sessions Trial No. 292/1992 convicting the accused/Appellant for the offence punishable under Section 376 of the 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 rigorous imprisonment for three months.

(2.) Case of the prosecution, in brief, is that on 23.1.1992 at about 12.30 p.m. F.I.R. (Ex.P-2) was lodged by the prosecutrix (PW-4), a married lady aged about 18 years, alleging in it that on that day at about 11 am. when she had gone to the clinic of the accused/Appellant she was subjected to rape by the accused/Appellant on the pretext of providing treatment to her. Based on this F.I.R., offence under Section 376 IPC was registered against the accused/ Appellant. After completion of investigation challan was filed on 24.2.1992 under Section 376 of The Indian Penal Code.

(3.) So as to hold the accused/Appellant guilty, prosecution has examined as many as 12 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. This apart, witnesses namely Jhukuram (DW-1) and Kishanlal Verma (DW-2) have also been examined by the defence in support of its case.