DEV SHANKAR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction & order of sentence dated 13.02.1998 passed by the Second Additional Sessions Judge, Ambikapur in Sessions Trial No.225/92 convicting the appellant under Section 376 of the IPC and sentencing him to undergo rigorous imprisonment for seven years and to pay fine of Rs.200/-, in default of payment of fine, to undergo additional R.I. for three months.

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

(3.) As per case of prosecution, on 28-01-1991 at about 2.00 pm, when prosecutrix (PW-1) was in her father's home, the appellant came there, abducted her and took her to his own house and committed sexual intercourse upon her, thereafter the appellant along with other five co-accused persons took her to forest and again accused / appellant committed rape on her, the appellant and the prosecutrix had gone to Ambikapur, where in the Court both have sworn two affidavits (Exs.D-4 & D-5). It is further alleged that the appellant kept the prosecutrix as a wife in his house for long time, thereafter prosecutrix left the house of appellant and came to his father's house. She narrated the incident to her father, who alongwith others lodged the First Information Report (Ex.P-1) on 05.04.1991 and the police registered the offence under Sections 363, 366 and 376/34 of the IPC against the appellant and five other co-accused persons, who were acquitted by the trial Court.