AWADHRAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8.2.1995 passed by the Additional Sessions Judge, Dhamtari in Sessions Trial No. 327/1993 convicting the accused/Appellant under Section 376(1) of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 1000 in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) Case of the prosecution in brief is that on 24.5.1993 at about 12.30 afternoon FIR (Ex. P-7) was lodged by Sukhram (PW-7) - the husband of the prosecutrix (PW-1) aged about 24 years at the relevant time alleging that on 23.5.1993 when she had gone to the tube well of the accused/Appellant for drinking water, accused/Appellant came there, caught hold of her, took her inside the pump house and committed forcible sexual intercourse with her. It is alleged that on his return after attending the Panchayat meeting, the prosecutrix narrated the entire incident to him. After investigation, challan was filed on 31.7.1993 for the offence under Section 376(1) of the Indian Penal Code.

(3.) So as to hold the accused/Appellant guilty, prosecution has examined 10 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 Raj Kumar (DW-1) has also been examined by the defence in support of its case.