CHINTA RAM Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 04.05.1999 passed by the Additional Sessions Judge, Durg in Sessions Trial No. 212/98, whereby and whereunder the trial Court after holding the appellant guilty for trespass the house of the prosecutrix and for commission of rape convicted him under Sections 450 and 376 of the IPC and sentenced him to undergo R.I. for five years and to pay fine of Rs.500/-, in default of payment of fine to undergo additional R.I. for six months and to undergo R.I. for seven years and to pay fine of Rs.500/-, in default of payment of fine to undergo additional R.I. for six months. Both sentences were directed to run concurrently.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of prosecution, on 13.04.1998 at about 8.30 p.m., when prosecutrix (PW-1) (name not mentioned), a well grown up married lady of 30 years mother of four daughters, was alone in her house, accused entered the house of the prosecutrix, insulted and pounced on her. Her daughter Kumaribai (PW-2) went for watching TV to neighbours' house. When Kumaribai heard the cries of her mother, she along with her grandmother Rajbai reached there and saw the accused. Prosecutrix has also narrated the incident to one Bhikham Sahu. Thereafter, FIR was lodged by the prosecutrix at police station, Arjunda vide Ex.P-1.