RAMPYARE PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) From the FIR (Ex.P-1) lodged by the prosecutrix (PW-1) - a married lady aged about 23 years at the relevant time it emerges that on 14.07.1998 the accused/appellant herein accompanied by the prosecutrix and her friend (PW-2) had come down to Bilaspur in connection with the medical treatment of PW-1 as she is said to have developed a cyst in her armpit. It is alleged that they all had shared a common room in the Mansarovar lodge of Bilaspur and in the next night i.e. on 15.07.1998 she was subjected to forcible sexual intercourse against her will and without her consent. After medical examination of the prosecutrix and completion of other investigation related formalities, the challan was filed against the accused/appellant under Section 376 IPC followed by framing of charge accordingly.

(2.) Learned Court below, by the judgment impugned dated 23.12.1998, held the accused/appellant guilty under Section 376 IPC and sentenced him to undergo RI for 7 years with fine of Rs.1000/-. Hence this appeal.

(3.) Counsel for the accused/appellant submits that the accused/ appellant is absolutely innocent and has been falsely implicated in the case in hand. He submits that it is almost impossible for the accused/appellant to commit rape on the prosecutrix in the presence of PW-2 in the same room. He submits that because of the old standing rivalry, the accused/appellant has been roped in a false case.