LAWS(MPH)-2002-4-88

CHAIN SINGH Vs. STATE OF M.P.

Decided On April 18, 2002
CHAIN SINGH Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) APPELLANT is convicted for an offence under S. 376 IPC and sentenced to seven years rigorous imprisonment.

(2.) ACCORDING to the prosecution, appellant alongwith Pappu had committed rape upon the prosecutrix on 22.1.1992 at about 9 O'clock in the night. Prosecutrix had a small shop in the village. According to the prosecution, on 23.1.1992 at about 5 O'clock in the evening, FIR was lodged by the prosecutrix at the police station Basoda that on the previous night at about 9 O'clock she was sleeping in her house alongwith her children. Accused came to her house at about 9 O'clock in the night and knocked the door. They said that some guest had come to their house and they wanted clove of fifty paise. She opened the shop and brought clove of fifty paise. After she locked the main door of the shop and returned in the court -yard, accused Chainsingh had extinguished the lamp and thrown her in the Court -yard and other accused gagged her mouth by his hand. Thereafter Chainsingh had committed rape upon her. When her husband Khilansingh (PW 3) returned home in the mid -night she informed him about the incident and complaint was lodged at the police station. Prosecutrix was medically examined. A charge for the offence under section 376 IPC against Chainsingh and charge under section 376 read with S. 34 IPC were framed against Co -accused. Trial Court has convicted Chainsingh and acquitted Pappu.

(3.) PW 1 Dr. Hansa Shah had medically examined the prosecutrix and found no external injury on her body. She has not found any injury in her private parts. After examination, she had not given definite opinion regarding commission of the offence.