SANTOSH 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 judgment of conviction and order of sentence dated 30/06/1999 passed by Additional Sessions Judge, Nasrullaganj, Distt. Sehore in Sessions Trial No.117/1996 whereby appellant has been convicted for the offence punishable under Sections 376(1) of IPC and sentenced to suffer RI for seven years along with fine of Rs.3,000/-, in default of payment of fine, additional RI for one year.

(2.) The case of prosecution against the appellant, in short, is that victim (PW-3) (hereinafter referred to as 'prosecutrix') is wife of PW-2 (hereinafter referred to as 'X') lived in Village Amajhiri. On 21/03/1996 she went at the bank of river Narmada for washing cloths at 4.00 'O' clock in the evening when she was washing the cloths the appellant came over there, caught hold her both hands and dragged her on the sand and forcibly committed rape over her. On hearing shriek, one independent witness Ramchandra Kewat (PW-6) who was present near the spot came over there then appellant fled away from the spot. Prosecutrix (PW-3) came along with Ramchandra Kewat (PW-6) at her home and uttered the whole story to her husband, mother-in-law, father-in-law and on the next day she went to Police Station, Rehati along with her husband i.e. 'X' (PW-2) and lodged an FIR (Ex.P/2). FIR lodged by S.C. Shrivastava, ASI (PW-4) and registered Crime No.56/1996 under Section 376 of IPC and sent the prosecutrix for medical examination. Dr. Smt. S. Beliya (PW-1) examined the prosecutrix and prepared report Ex.P/1. The matter was investigated by Bhagwat Singh (PW-5) who prepared spot map (Ex.P/3), seized broken pieces of bangles, pearl of necklace, prepared seizure memo Ex.P/4, recorded statement of prosecutrix, her husband- 'X', her mother-in-law, father-in-law and after completion of investigation, submitted a charge sheet before the Additional Sessions Judge, Nasrullaganj, Distt. Sehore.

(3.) Learned trial Court registered the case as S.T. No.117/1996 and framed charges against the appellant who abjured his guilt. Learned trial Court proceeded for trial and recorded statement of Dr. Smt. S. Beliya, Husband of the prosecutrix - 'X'(PW-2), prosecutrix (PW-3), S.C. Shrivastava, ASI (PW-4), Bhagwat Singh, Head Constable (PW-5) and Ramchandra (PW-6).