DAULAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 29.9.1994 delivered in Sessions Case No.274/1993 by the 3rd Additional Sessions Judge, Raipur whereby the appellant was convicted under Section 456 and 376 read with Section 511 of the I.P.C. and sentenced to rigorous imprisonment for one year under Section 456 and to rigorous imprisonment for five years under Section 376/511 of the I.P.C. respectively with a direction to run both the sentence concurrently.

(2.) Prosecution story in brief is that on 7.3.1993 at about in the night the prosecutrix Ku. Sarojini Bai PW5 accompanied with her nephew, aged two years was sleeping inside her room. Mother of the prosecutrix was sleeping in Purchi and her brother and his wife were sleeping in another room. The appellant came from back door, entered inside her room and lifted the petticoat of the prosecutrix and thereafter attempted to commit rape on her. The prosecutrix upon feeling pain awoke and started shouting. After hearing her outcry, mother, brother came to her and on this the appellant fled from the spot the prosecutrix narrated the story to her mother, brother and his wife. They immediately went to the police station, Amanaka, Raipur and F.I.R. was lodged vide Ex.P5. Investigation took place. The prosecutrix and the appellant have been examined by Medical Officers. Statement of witnesses under Section 161 of the Cr.P.C. was recorded. Necessary seizures of clothes have been made. Prosecutrix vaginal slides and her under garments got examined by the Forensic Science Laboratory. Semen and human spermatozoa have been found on her under garments and vaginal slides. After completion of investigation, charge-sheet has been filed in the Court of Additional Chief Judicial Magistrate.

(3.) The Additional Chief Judicial Magistrate, Raipur, in due course, committed the case to the Court of Sessions Judge, Raipur. The learned Sessions Judge made over the case to the learned 3rd Additional Sessions Judge for trial.