RAMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal under Section 374(2) of Cr.P.C. being aggrieved by the conviction and sentence passed vide judgment dated 29/08/2013 in S.T. No.171/2012 by 2nd Additional Sessions Judge, Waraseoni, Distt. Balaghat whereby convicted the appellant for offence punishable under Section 376 of IPC and sentenced to RI for ten years along with fine of Rs.5,000/-, in default of payment of fine to undergo additional one year RI as well as under Section 323 of IPC (Two counts) and sentenced to undergo one year RI along with fine of Rs.1,000/-, in default of payment of fine, additional three months R.I.

(2.) The case of prosecution against the appellant, in short, is that prosecutrix (PW-9) was minor studying in Class 10th at the time of incident. On 19/7/2012 she was at her home along with her younger brother and her parents went outside. Appellant entered into the house of prosecutrix and dragged her in the field and forcibly committed rape upon her. When parents of prosecutrix came their house, they did not find the prosecutrix in the house, then they started searching the prosecutrix. Appellant saw the parents of prosecutrix and by releasing her fled away from the spot, then prosecutrix immediately narrated the whole story to her parents. When her parents shouted that appellant outraged the modesty of her daughter, then appellant came on the spot beat prosecturx and scuffled with the father of the prosecutrix. On the next day prosecutrix along with her parents went to Police Station, Rampayali and lodged report (Ex.P/9). Police sent prosecutrix for medical examination. Police prepared spot map of the incident (Ex.P/10) and Village Patwari also prepared map (Ex.P/6). After investigation, charge sheet has been filed against the appellant. Learned trial Court framed charges for the offence punishable under Section 376, 323, 506 Part-II of IPC. The appellant abjured his guilt and prayed for trial.

(3.) Prosecution examined witnesses i.e. Tekchand (PW-1), Tukaram Choudhary (PW-2), Dr. R.K. Dongar (PW-3), Dr. A.P.Arora (PW-4), Subhdakaran (PW-5), Khemlal Maskole, Village Patwari (PW-6), Ku. Reena Nagpure (PW-7), Ashok Kumar, Sainik (PW-8), prosecutrix (PW-9), mother of the prosecutrix (PW-10), father of prosecutrix (PW-11), brother of prosecutrix (PW-12), Dhanlal (PW-13), Dwarka Prasad (PW-14), Chandrabhan Bisen (PW-15), Rajendra Uike (PW-16), Bhaiyalal Navreti (PW-17), Balkishan (PW-18), Sampat Singh, ASI (PW-19), Dr. Rashmi Baghmare (PW-20), S.K. Adkane (PW-21), Dr. S.K. Raut, Radiologist (PW-22), S.K. Sen (PW-23), Dr. Ashish Saxena (PW-24)