MONU ALIAS BORA Vs. STATE OF MP

JUDGEMENT

(1.) Appellant has filed this appeal being aggrieved by the judgment and conviction passed by IVth Additional Sessions Judge, Jabalpur in S.T. No. 144/08 vide impugned judgment dated 25/09/08 whereby being convicted u/s 457 of IPC, he has been sentenced to undergo RI for 2 years with fine of Rs. 500/- in default to suffer further RI for 1 month. Further, being convicted u/s 366 of IPC, he has been sentenced to undergo RI for 5 years with fine of Rs. 500/- in default to suffer further RI for 1 month.

(2.) As per the prosecution case on 6/01/08 at about 23.45 O'clock complainant Shakun Bai with her husband and children was sleeping in her house. On hearing the voice of door she got up and saw that her daughter Radha was not in her bed. She started search at nearby places and when they reached towards the house of PW-4 Bhagwati Bai the prosecutrix was seen and accused was trying to commit rape with her. Shakun Bai made hue and cry. Just next day of the incident, named FIR Ex.P-10 was lodged by Shakun Bai,mother of prosecutrix and a case u/s 366, 376 (1) read with section 511, 457 of IPC was registered. After due investigation, charge sheet was filed.

(3.) Appellant abjured the guilt. However, the court below relying on the statements of prosecution witnesses held the appellant guilty u/s 457 and 366 of IPC and sentenced for the period said above