RAVINDRA KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 8-10-1999 passed by the Additional Sessions Judge, Janjgir, Sessions Division Bilaspur, MP now CG in Sessions Trial No. 129 of 1998 wherein the said Court has convicted the appellant for commission of offence under Section 451 and 376 of the IPC and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.500/- and RI for seven years and to pay fine of Rs.1000/- respectively with default stipulations.

(2.) In the present case, prosecutrix is PW/1. As per prosecution case, on the date of incident i.e., 5-1-1998 at about 12.00 noon when prosecutrix was alone in the house situated at village Amartal, the appellant entered into her house, caught hold her, pressed her mouth, took her to kitchen garden and made her lay down on the ground, removed her garments and committed sexual intercourse with her without her consent and against her will. At the time of incident, father of the prosecutrix went to village Jalmala in the house of sister of prosecutrix and her mother had gone to field. On 7-1-1998 when her father returned from village Jalmala she informed him about the incident and thereafter report was lodged against the present appellant. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

(3.) Learned counsel for the appellant would submit as under: