ARAT SAI @ RONHA Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenge in this appeal is levied to the judgment of conviction and order of sentence dated 09/12/1999 passed by the Additional Sessions Judge Baikunthpur, District Korea (M.P.) (Now in Chhattisgarh) in S.T. No. 315/1998 whereby and whereunder, he has convicted and sentenced the appellant as under :-

(2.) In brief, the prosecution story is that on 13/11/1996 prosecutrix was 20 years of age. She was resident of village Sonpur. On 11/11/1996 at about 12 p.m. she was returning back from Government Hospital, Mansukh to her house by walking. From village Sonpur appellant followed her and at lonely place caught hold her hand, took her in a pit by pulling and committed sexual intercourse with her. She went in the house of Bahal at village Sonpur and narrated the incident to his wife. She came back in her house and narrated the incident to her family members. Her husband was not present in the house. On 12/11/1996 her husband returned back then she also narrated him the incident. On 13/11/1996 she went to P.S. Baikunthpur along with her husband and lodged an FIR Ex. P-2. After completion of the investigation, a charge sheet was filed against him for the offence punishable under Section 376 of IPC. The trial Court framed the charge against him under Section 376 (1) of the IPC . He abjured the charge and faced the trial. To bring home the charge against him, the prosecution examined 10 witnesses in all. He examined 3 witnesses in his defence. After conclusion of trial, the trial Court convicted and sentenced him as mentioned above.

(3.) Being aggrieved by the aforesaid judgment of conviction and order of sentence, the appellant has preferred this criminal appeal.