GULAB Vs. STATE OF M P

JUDGEMENT

(1.) Appellant accused Gulab preferred this appeal under Section 374(2) of Criminal Procedure Code being aggrieved by the judgment dated 16.1.1996 passed by 1st Additional Sessions Judge, Teekamgarh in Sessions Trial No. 93/94 whereby appellant accused has been convicted and sentenced under Section 376 of Indian Penal Code with rigorous imprisonment for four years.

(2.) Short facts of the case are that when complainant Shivcharan Pal was at his sister's house in village Panhari, his younger brother Swami came and informed him that one Gulab committed rape upon his daughter and the blood was oozing out from her vagina. Then complainant Shivcharan Pal alongwith his younger brother Swami immediately rushed to his village Naiguva Khirak and saw at her daughter aged about 12 years was lying on the floor and the blood was coming out from her private part. On being enquired from her; she narrated the entire incident to her father that in the evening of 26.6.1994, when she was at the well of Bidua to collect jambul (Jamun), accused Gulab came there and committed rape upon her. The complainant Shivcharan Pal lodged a report in Police Station Prathvipur, District Tikamgarh on 27 .6.1994. The police took cognizance arrested the accused and sent him for medical examination. The accused was found competent to commit the sexual act. The victim was also sent to the doctor for her medical examination. Her petticoat was seized. Statements of witnesses under Section 161 of the Cr.P.C were recorded on the same day. After investigation, a charge-sheet was filed against the appellant/accused in the Court for the offence punishable under Section 376 of IPC.

(3.) Appellant/accused abjured his guilt and claimed to be tried, mainly contending that he had been falsely implicated in the offence.