ATMARAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 17 -8 -1998 passed by Sessions Judge, Durg, in Sessions Trial No. 339/1997 convicting the accused/ appellant under Sections 450 and 376, IPC and sentencing him to undergo rigorous imprisonment for seven years with fine of Rs. 1000/ -under each section, plus default stipulations.

(2.) FACTS of the case in brief are that on 17 -6 -1997, FIR (Exh. P -2) was lodged by prosecutrix (P.W. 3) aged about 15 years alleging that she was residing with his brothers namely Phoolchand and Santosh Kumar and that on 22 -2 -1997 at about 8.30 p.m., she was all alone in her house and at the time when she was sleeping, accused/ appellant came to her house and committed forcible sexual intercourse with her and when she tried to raise the cries, he gagged her mouth. It is also alleged that while leaving the spot after committing sexual intercourse, the accused/appellant had threatened her not to disclose the incident to anyone. Even thereafter, the accused/ appellant used to visit her house and have physical relations with her and when she became pregnant by 3 -4 months, she informed the incident to her neighbour Mangtin and after her brother came to know about the incident, the report was lodged by her. Based on this report, offence under Section 376, IPC was registered against the accused/appellant. On being medically examined, she was found carrying pregnancy of about 20 weeks but no sign of recent intercourses was noticed by the concerned doctor." However, the doctor conducting medical examination has not been examined before the Court. After completion of investigation, charge -sheet was filed by the police on 10 -7 -1997 for the offence punishable under Section 376, IPC and the charge was also framed accordingly.

(3.) SO as to hold the accused/appellant guilty, prosecution has examined 5 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 charge levelled against him and pleaded his innocence and false implication in the case.