BUDHI @ ANUKLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appeal is preferred against judgment dated 9.7.1999 passed by Sessions Judge, Surguja (Ambikapur) in Session Trial No. 222/1998 wherein the said Court convicted the appellant for the commission of offence under Section 376(1) of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs. 2,000/- with default stipulation.

(2.) As per the version of the prosecution, prosecutrix was a married lady and on the date of incident, i. e. 10. 4. 1998 at about 1. 00 pm when she was near the Mahua tree, the appellant committed rape with her. On her shouting, husband of the prosecutrix reached there and on seeing him the appellant fled away from there. The matter was reported and investigated and the appellants was charge sheeted and convicted as mentioned above.

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