BHUWNESHWAR SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 7.11.1997 passed by Additional Sessions Judge, Bemetara, District Durg in Sessions Trial No. 76/1989 convicting the accused/appellant under Section 376(1) IPC and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 1,000, in default of payment of fine to further undergo rigorous imprisonment for six months. Facts of the case in brief are that on 13.9.1988 at about 2.15 p.m., FIR (Ex. P-6) was lodged by prosecutrix (PW-4) - a married lady aged about 30 years alleging that on 12.9.1988 at about 11 a.m. when she had gone to collect firewood and dung cake in the courtyard of her house, the accused/appellant came from behind, pressed her mouth, made her lie down on the ground and after upturning her sari committed forcible sexual intercourse with her. It is alleged that after hearing her cries when her aunt Khetharin Bai (PW-7) came there, accused/appellant started running away from the spot and while doing so, he was seen by Khetharin Bai (PW-7), Lalit (PW-8) and one Vishnu. Thereafter, she narrated the incident to Khetharin Bai (PW-7). She also disclosed the incident to her parents and sister after they came back from the filed. It is further alleged that on being called by her father, her husband who at that time was living in some other village also came there and then the report was lodged. Prosecutrix was medically examined on 15.9.1988 vide Ex. P-6-A and after completion of investigation, challan was filed by the police on 17.10.1988 for the offence under Section 376 IPC and thereafter the Court below also framed the charge under the same section.

(2.) In support of its case, prosecution has examined 11 witnesses. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charge levelled against them and pleaded their innocence and false implication in the case. This apart, two witnesses namely Kushal Manji Chouhan (DW-1) and Nofil (DW-2) have also been examined by the defence in support of its case.

(3.) After hearing the parties, the Court below has convicted and sentenced the accused/appellants as mentioned in paragraph No. 1 of this judgment.