CHINTAMANI Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 31.12.1997 passed by First Additional Sessions Judge, Rajnandgaon in Sessions Trial No. 46/96 convicting the accused/appellant for the offence under sections 506 and 376(1) of IPC and sentencing him to undergo rigorous imprisonment for one year u/s 506 of IPC and rigorous imprisonment for seven years with fine of Rs. 1,000, in default of payment of fine to further undergo rigorous imprisonment for six months u/s 376(1) of IPC. Both the sentences were directed to run concurrently. Brief facts of the case are that on 17.09.1995, FIR (Ex.-P/1) was lodged by the prosecutrix (PW-1), aged about 13 years alleging in it that on 31.08.1995 on the eve of Ganesh festival she had gone to the house of Premlal (PW-4) where accused/appellant came and asked her to go to his house for fetching water. After reaching his house, appellant asked her to get paddy which was kept on the loft of his house. She has alleged that when she went to bring the same, appellant also came there, threw her on the floor, removed her and his undergarments and after threatening her of life, committed forcible sexual intercourse. She has further alleged that after commission of offence appellant again threatened her by saying that he would kill her in case she disclosed the incident to anyone or lodged a report. On account of the incident her petticoat was stained with blood which was washed by her. On the second day she informed the incident to her maternal grand-mother Mahntin Bai and Nirabai Satnami and five days thereafter she also informed the incident to Bisoha Satnami, Mapu Satnami and village Kotwar. Based on this FIR offence under sections 376 and 506 of IPC was registered against the appellant. Prosecutrix was medically examined on 17.09.1993 vide Ex. P-5 by Dr. Smt. Jyoti Sadani (PW-11). After completion of investigation Challan was filed on 04/11/1995 against him for the said offence.

(2.) So as to hold accused/appellant guilty, prosecution has examined 15 witnesses in support of its case whereas two witnesses have been examined by the defence in support of its case. Statement of 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 convicted and sentenced the appellant for the offences under Sections 376(1) and 506 of IPC. Hence, the present appeal.