SUKHLAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 01.12.1989 delivered by Shri V.C. Agrawal, Sessions Judge, Rajnandgaon in Sessions Case No. 72/1989 whereby the Appellant was convicted under Section 354 I.PC. and was sentenced to undergo rigorous imprisonment for one year.

(2.) THE factual matrix in brief is that the Appellant was prosecuted under Section 376 I.P.C. for committing rape in the agricultural field on the prosecutrix, a deaf girl aged about 14 years, on 3-12-1988 in the afternoon. F.I.R. was lodged by the prosecutrix on 4.12.1988 stating that while she was returning from her aunt's house with the fire-wood, the Appellant intercepted her and felling her down near the field committed rape on her.

(3.) DURING her evidence, the prosecutrix stated on oath that the Appellant did not commit any sexual intercourse with her but had caught hold of her and had made her to lie. She clearly stated that the Appellant did nothing further. Kunti Bai P.W. 3 also deposed in paragraph 4 that the prosecutrix had told her that the Appellant had only held her.