RAHISLAL Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has filed this appeal against the judgment dated 30.11.1999 of the learned 1st Additional Sessions Judge, Waraseoni, District Balaghat, in Sessions Trial No. 117/99, by which the appellant has been convicted under section 376 of the IPC and sentenced to R.I. for seven years and fine of Rs. 200/ and under section 506 Part I to R.I. for six months. In default of payment of fine, he has been directed to undergo further rigorous imprisonment for a month.

(2.) THE appellant was prosecuted for the said offences on the allegation that on 3.5.1999 he had committed rape with his brother's widow namely Dwarika Bai at 12.00 O'clock in the night and had thereafter intimidated her with dire consequences if she disclosed the fact to any one else. As per the prosecution story, the prosecutrix Dwarikabai was living jointly with the accused, after the death of her husband, along with her two children. It is alleged that on 3.5.1999 the wife of the accused was not in the house as she had gone to her parents' house and only Dwarikabai and the accused were in the house. At about 12.00 O'clock in the night the accused gave the prosecutrix some money to keep the same inside the house and while she entered the room to keep the money, he bolted the door from inside and thereafter committed rape with her.

(3.) THEREAFTER again Panchayat was held on 15.5.1999 with regard to the division of the property between the prosecutrix and the accused and it was only thereafter that she lodged first information report Ex. P 5 on 21.5.1999 at Police Station Rampayali.