RAMESH Vs. STATE OF MP

JUDGEMENT

(1.) ACCUSED appellant has directed this appeal against the judgment dated 6.5.1999 rendered by 2nd Additional Sessions Judge, Ratlam thereby convicting appellant for the offence punishable under S. 376 IPC and sentencing him to undergo seven years RI and Rs. 200/ - fine; in default of payment of fine further imprisonment of three months was also awarded.

(2.) ACCUSED appellant was charged for the offence of committing rape on PW 5 Basantibai wife of Inshwarlal on 25.8.1989 at her house in village Kaneri, District Ratlam. As per case of the prosecution, on 25.8.1989 at about 12.30 noon, when Basantibai was all alone in her house at the same time, accused appellant entered in her house, and committed sexual intercourse without her consent by applying force. At the time of incident on making hue and cry by prosecutrix Basantibai, one Geetabahan came on the spot. On seeing Geetabahen the accused appellant fled away from the house of the prosecutrix. Soonafter the incident, the alleged incident of rape was narrated by Basantibai to her aunt Kalabai and thereafter to her father -in -law Mangilal and husband Ishwarlal on returning home in the evening. The FIR of the incident was lodged at P.S. Manak Chowk, Ratlam same day at 9.00 p.m. The FIR is Ex. P. 5. The prosecutrix was sent for medical examination and examined on 25.8.1989 by Dr. Smt. Bina Mathur at Sanyogitaganj Hospital, Indore. The report of Dr. Smt. Mathur is Ex. P. 6. The witnesses were examined during the course of the investigation and on completion of the formalities and arrest of the appellant, challan was filed.

(3.) I have heard Shri N.S. Purohit, learned counsel appearing for the appellant and Shri Mayank Upadhyay, D.G.A. for the respondent State. Learned counsel for the appellant contended that in view of the statement of the prosecutrix and the belated FIR as also other circumstances of the case on hand, the sole testimony of Basantibai PW