RAMRATAN ALIAS RAMU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 5-1-1999 passed by the First Additional Sessions Judge, Baloda Bazar, Distt. Raipur in S.T. No. 393/97 convicting the accused/appellant under Sec. 376(1) of Penal Code and sentencing him to undergo RI for 7 years and pay a fine of Rs. 5000.00 with default stipulation.

(2.) Brief facts of the case are that on 8-7-1997 FIR (Ex.P/4) was lodged by the prosecutrix (PW-4) alleging in it that three months prior to the incident she was first subjected to rape by the accused/appellant which continued till 22-6-1997. She has alleged that she was subjected to sexual intercourse by the appellant without her consent and that after committing intercourse, he assured her for marriage. Based on the FIR, offence under Sec. 376 of Penal Code was registered against the appellant. The prosecutrix was medically examined on 8-7-1997 vide Ex.P/2 by Dr. Smt. Rajshree Devdhar (PW-3), who found that she was a fully developed girl, her hymen was not present and no definite opinion could be given about rape. After investigation charge-sheet was filed against the appellant under Sec. 376 of Penal Code and thereafter, the trial Court framed charge under Sec. 376(1) of Penal Code against him.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 9 witnesses. Statement of the accused/appellant was also recorded under Sec. 313 of Cr. P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. In defence, he examined one Gajju Sen.