BALIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an appeal of the year 1996 and it has been filed under Section 374 of the Cr.P.C. by accused appellant Baliram @ Balloo being aggrieved by the judgment dated 20/11/1996 passed by the I Additional Sessions Judge in S.T. No. 253/2003 whereby the appellant has been convicted for offence under Section 376(1) of the IPC and sentenced to undergo R.I. for 7 years with fine of Rs. 2,000/ -. Brief facts of the prosecution case as alleged are that on the date of incident i.e. on 8.3.1995 prosecutrix Shyamibai went to the Nala of the village Chiragpura, P.S. Bheekangaon, West Nimar for washing clothes. Accused Ballu @ Baliram took out Rs. 200/ -from his pocket and told the prosecutrix to take the amount and permit him to indulge into sexual intercourse with her. She refused and complained to her mother -in -law Devkibai and then went to the house of the appellant and complained to his father and returned. She then went to attend some marriage function. The prosecutrix was all alone in her house and she was sleeping with her daughter. At 1.00 a.m. in the night, the accused appellant entered her house and sat down on the cot of the prosecutrix and he lifted her clothes and tried to indulge in sexual intercourse. She cried and asked her daughter to call her mother -in -law Devkibai. The accused threatened her not to cry otherwise he would murder her and he began to commit rape with her. He stuffed a cloth in her the mouth of the prosecutrix and pressed her mouth also. After accomplishing the sexual intercourse, the accused ran away. At the same time Devkibai returned from marriage and she also saw the accused running away, jumping from the wall of the house. Accused also threatened them not to report in police station otherwise he would commit their murder, but in fear no report was lodged up to late in the night. On the next day i.e. on 9/3/1995 the report was lodged at the police station Bheekangaon. The police registered the offence under Section 376 of the IPC and the appellant was arrested and duly committed to his trial.

(2.) ACCUSED abjured his guilt and stated that he has been falsely implicated in the matter. However, on the basis of the evidence on record, the trial Court has convicted and sentenced the appellant as herein above indicated. Being aggrieved, the present appeal.

(3.) LEARNED Counsel for respondent/State per contra stated that the judgment of the trial Court is in accordance with law and does not require any interference. Counsel further submitted that the FIR was promptly filed at 11 O' clock on the next day of the incident and the daughter of the prosecutrix had gone to fetch the mother -in -law of the prosecutrix. The accused had threatened her and there is no need to doubt regarding the implication of the appellant in the offence. Hence, Counsel prayed that the appeal be dismissed.