SADAN ALIAS NANHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and order of sentence passed by First Addl. Sessions Judge, Balaghat in S.T. No.96/93, decided on 04.01.96.

(2.) Appellant has been convicted under Section 450, 376 of IPC and sentenced to rigorous imprisonment for seven years for each of the offences, by the impugned judgment. Both the sentences were directed to run concurrently.

(3.) According to prosecution, on 16.1.93 about 12 'O'clock in the noon at village Parsatola, when prosecutrix was all alone in the house, her parents and other family members having gone to work in the field, appellant Nanhu, who lived in the neighbouring house, came to the house of the prosecutrix and caught hold of her. Appellant proposed her for sex, but she declined, then he forcibly dragged her inside the house, prosecutrix pushed him, but he overpowered her and bit her on her cheeks, fell her on the ground, undressed her and committed forcible sexual intercourse with her. On her screaming, the uncle and cousin sister of the prosecutrix, namely, Bhandari and Sevanta came there, then appellant fled away. Prosecutrix went to the Police Station alongwith her parents, uncle and sister Sevanta and lodged the FIR at Police Station Kirnapur, District Balaghat. On the basis of her report, an offence was registered against the appellant and was investigated. Prosecutrix was sent for medical examination. On being arrested, appellant was also sent for medical examination. The saree, and vaginal slide of the prosecutrix collected during her medical examination as well as the underwear and blood stained shirt of the appellant, and his pubic hair were seized by the Police. The broken bangles and earthen pot broken at the time of incident were also seized by the Police.