GUDDA ALIAS SUKHCHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 14.6.1995 passed by the VIIIth Additional Sessions Judge, Jabalpur in ST. No.27/1989 whereby the appellant was convicted for the offence punishable under Section 376 read with Section 511 of I.P.C and sentenced for 3 1/2 years rigorous imprisonment with fine of Rs.1000/-. In the default of payment of fine, he was to undergo additional rigorous imprisonment for four months.

(2.) PROSECUTION's case in short is that, on 13.11.1987 the prosecutrix (PW1) was playing in front of her house situated at Khamaria, Jabalpur. At about 11.00 a.m in the morning the appellant took her to his house and bolted the door from inside. He committed rape upon the prosecutrix. When he was inserting his penis in her vagina she shouted due to pain caused to her. On hearing her cries, her mother Roopwati Bai (PW5) and brother Devendra @ Kallu (PW9) had knocked the door and therefore, the appellant released the prosecutrix and thereafter, he escaped from the spot by a bicycle. The prosecutrix was taken to her home where she informed the entire incident to her mother and brother. Thereafter, her father Gend Singh (PW2) was called from his office and intimated about the incident. Gend Singh took the prosecutrix to the Police Station, Khamaria where she lodged an FIR Ex.P/2. She was directed to the Elgin Hospital, Jabalpur for her medico legal examination and treatment.

(3.) THE appellant abjured his guilt. He did not take any specific plea but, he has stated that he was falsely implicated in the matter. No defence evidence was adduced by the appellant.