NARAYANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgement dated 17/05/2017 passed by the Second Additional Sessions Judge, Ratlam in Special Sessions Trial No.134/2016 whereby while finding the appellant guilty, the learned Judge of the Trial Court has convicted the appellant as under:-

(2.) In brief, the facts giving rise to the present appeal are that on 04/06/2016, an FIR was lodged by the prosecutrix on the ground that she is a resident of Nai Aabadi, Haat Pipliya, Ratlam and at around 12 O'clock of 04/06/2016 she heard that her neighbour Narayansingh S/o Sajjan Singh (the appellant herein) was calling her name continuously and when she went to his house to ask as to why he was calling her name, Narayansingh took her inside his house and closed the doors and committed rape on her. On hearing her cries, her father came and knocked on the doors, but Narayansingh did not open the doors hence her father crossed the wall and entered the house but by then Narayansingh fled away from the spot. The prosecutrix then narrated her ordeal to her mother and father. Thus a case was registered against the appellant Narayansingh under Section 376 of the IPC and the investigation ensued. After the charge sheet was filed and the evidence was led by the parties, learned Judge of the Trial Court, after appreciating the evidence has convicted the appellant vide the impugned judgement which is under challenge before this court.

(3.) Learned counsel for the appellant has submitted that the learned Judge of the Trial Court has erred in not appreciating the evidence in its proper perspective. It is further submitted that the learned Judge has lost sight of the fact that the prosecutrix was a consenting party and also that she was not a minor at the time when the incident took place.