CHINTA RAM YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15-10-1997 passed by Additional Sessions Judge, Khairagarh, Link Court Kawardha in Sessions Trial No. 84/1996 convicting the accused/appellant under Sections 376 and 506 (Part-II), Penal Code and sentencing him to undergo rigorous imprisonment for seven years with fine of Rs. 3000.00 u/S. 376 and rigorous imprisonment for two years u/S. 506 (Part-II), IPC, plus default stipulations.

(2.) Facts of the case in brief are that on 11-4-1996 at about 8 a.m. FIR Ex. P2 was lodged by the prosecutrix (P.W. 2) a married lady aged about 18 years alleging that on 10-4-1996 at about 7.30 p.m. when she was returning home after attending the call of nature, accused/appellant came there, hold her arm and asked to allow him to have sexual intercourse with her. It is further alleged that when she refused for the act asked for, the accused/appellant threw her down, mounted over her and committed forcible sexual intercourse with her. Thereafter, on hearing her cries, her brother-in-law (jeth) namely Atmaram along with Dinesh and Dhaneshwar rushed to the spot but by that time the accused had finished his act. In the struggle made with the accused, it is alleged that her bangles were broken and blouse as well as sari torn. On being asked, the accused/appellant admitted his guilt and asked for pardon. Prosecutrix has taken the stand that on account of being night, the report could not be lodged on the same day. Based on this report, offences under Sections 376 and 506 (Part-II), Penal Code were registered against the accused/appellant and then the prosecutrix was medically examined by Dr. Vimla Buxi (P.W. 7) who gave her report Ex.P-7. After completion of investigation, charge-sheet was filed by the police for the offences under Sections 376 and 506 (Part-II), Penal Code followed by framing of charge by the Court accordingly.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 12 witnesses in support of its case. Statement of the accused/appellant was also recorded under Sec. 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.