NARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against judgment dated 29-06-1998 passed by Second Additional Sessions Judge, Bilaspur in Sessions Trial No. 125/1997. By the impugned judgment, accused/appellant Narayan has been convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 200/-, in default of payment of fine, to further undergo simple imprisonment for 2 months. Case of the prosecution, in brief, is as under:

(2.) Shri Sahid Anwar Ansari, learned counsel for the appellant argued that the prosecutrix (PW-7) was a consenting party, therefore, conviction of the appellant under Section 376 IPC is not sustainable. Hence, the appellant deserves to be acquitted of the charge framed against him.

(3.) On the contrary, Shri Anant Bajpai, learned Panel Lawyer appearing for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not warrant any interference by this Court.