BHARAT Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 374(2) of Cr.P.C. aggrieved by the judgment of conviction and sentence dated 28th March, 2006 passed by Sessions Judge, Sheopur in Special Sessions Trial No.75/05 whereby held the appellant/ accused guilty for the offence punishable under Section 376 (1) of IPC and sentenced him to seven years' R.I. with a fine of Rs.2000/- in default of payment of fine further ordered to suffer imprisonment for six months.

(2.) Briefly stated facts of the case are on 28.8.2005, the complainant/prosecutrix went to her field for cutting the grass and, thereafter, when she was returning to her home, at that time, the appellant/accused came there caught hold the complainant/ prosecutrix and took her to nearby field and, thereafter, committed rape on her. The incident was narrated by the complainant/ prosecutrix to her mother Kasturibai and Ramdeen. Thereafter, the F.I.R. had been lodged at the Police Station, Vijaypur, on which basis, police had registered a case under Section 376 of IPC. Sent the complainant/prosecutrix for medical examination to the Govt. hospital, where, the lady Assistant Surgeon, Seema Lakhda (P.W7) examined the complainant/prosecutrix and prepared the slide of vaginal discharge and after sealing it, handed over to the Constable concerned for the chemical examination and proved the examination report Ex.P-4. After due investigation charge-sheet has been filed.

(3.) The appellant/accused abjured the guilt and his defence is of false implication. The learned trial Court after due appreciation of the entire evidence on record held the appellant/accused guilty for the offence punishable under Section 376 of IPC and sentenced him as stated herein-above. Aggrieved by which, the appellant has preferred this appeal.