DINESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 16-4-1996 passed by Additional Sessions Judge, Durg, in Sessions trial No. 46/ 1994 holding the accused/appellant guilty under Section 376/34, IPC and sentencing him to undergo rigorous imprisonment for seven years.

(2.) Case of the prosecution in short is that on 18-10-1993 at about 8.30 p.m., FIR Ex. P-l was lodged by the prosecutrix (PW-1) aged about 21 years alleging that on that day at about 4 p.m. when she was preparing bundles of crop in the field, co-accused Ramesh came there carrying axe in his hand and asked for sexual favour. Immediately thereafter, accused/appellant herein also came there and was asked by co-accused to catch hold of the prosecutrix. Co-accused then put the axe on her neck, felled her down, sat over her, by one hand he pressed her mouth and by the other held her breasts. Present appellant is said to have caught hold of both her hands and then the co-accused after removing his clothes and upturning her sari and petticoat committed forcible sexual intercourse with her. Based on this FIR, offence u/S. 376/34, IPC was registered against the present appellant and after investigation challan was filed by the police on 28-11-1993 for the said offence.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 8 witnesses. 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.