BHURELAL ALIAS BHURA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal under Section 374, 401 of Code of Criminal Procedure against the judgment of conviction and sentence dated 01-07-2009 passed in S.T.No.250/08 by learned Sessions Judge, Guna whereby the appellant has been convicted for the offence punishable under Sections 456, 376, 323 and 506-B of IPC and he has been sentenced to undergo 1 year's RI with fine of Rs.500/-, 7 years' RI with fine of Rs.500/-, 3 months' RI and 6 months' RI respectively with default stipulation.

(2.) BRIEF facts of the case are that when the prosecutrix (PW-1) name of prosecutrix is not mentioned to hide her identity} was sleeping in her house on 20-05-2008 at about 11:00 pm, the appellant came inside the house and committed rape on her at that time mother-in-law of the prosecutrix was sleeping outside the house and her husband had gone out of house. When husband of the prosecutrix came and knocked the doors, appellant ran away from the house after causing blow of fist to her husband and biting his hand. On the report of prosecutrix, after investigation challan has been filed and learned trial after trial has convicted the appellant for the offences as mentioned above in paragraph first of the judgment.

(3.) LEARNED counsel for the appellant has drawn attention towards the evidence of prosecutrix (PW-1) who has stated that when she was sleeping on the cot, accused came and when she tried to cry, appellant tied her mouth with towel and thereafter committed intercourse with her and when her husband came and knocked the doors, appellant escaped from there. It has been further stated that she tried to hold the appellant but he pushed her and caused kick blow on her abdomen due to which she fell down.