PRAKASH GHASHIYA @ BUTKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dtd. 28/09/2000 passed by Additional Sessions Judge, Baikunthpur, District Korea (M.P.) now Chhattisgarh in Sessions Trial No. 353/99 in which the appellant has been convicted for the offence punishable under Sec. 376(1) of Indian Penal Code and sentenced him to undergo rigorous imprisonment of 5 years and fine of Rs.200.00 with default stipulation.

(2.) Prosecution case is that on 29/08/1999 at about 04:00 p.m. in Village Tamjira, in the field of Kusumbadi prosecutrix Rambai, aged about 18 years was present, at that time appellant arrived there and holding the hands of prosecutrix forcefully took her by the side of embankment and without her consent he forcibly committed sexual intercourse. First Information Report was lodged on 15/09/1999 at about 20:30 p.m. in Police Station Baikunthpur, District Korea. After investigation charge-sheet was filed before the Court and accused was charged under Sec. 376(1) and 506(1) of IPC and on his denial of charges trial has been conducted. Accused has simply denied his case and has not set up any defense.

(3.) The trial Court passed impugned judgment in which accused was acquitted from the charge under Sec. 506(1) of IPC and on the basis of evidence on record has convicted the appellant under Sec. 376(1) of IPC and sentenced as above mentioned.