(1.) Appellant has filed this appeal under Section 374 (2) of Cr.P.C. against the judgment dated 09.01.2012 passed in S.T. No. 91/2010 by learned Additional Sessions Judge, Ambah District Morena whereby appellant has been convicted for the offence punishable under Section 376 of IPC and sentenced to undergo RI for 10 years and fine of Rs. 5,000/- with default stipulation, he is further convicted for the offence punishable under Section 342 of IPC and fine of Rs. 1,000/- with default stipulation, he is also convicted for offence punishable under Section 506-B of IPC and fine of Rs. 1,000/- has been imposed upon him with default stipulation.
(2.) The brief facts of the case are that on 11.01.2010 when prosecutrix PW-1 (name of prosecutrix is not mentioned to hide her identity) went to attend nature's call at about 7:00 am in the field, it is alleged that appellant caught hold of prosecutrix and dragged her to other field and committed rape with her and kept her there till evening. In the evening prosecutrix after reaching to her house narrated the incidence to his family members and lodged the FIR on 14.01.2010. After filing of challan case has been committed and learned trial Court after trial of the appellant for the offence punishable under Sections 376, 342 and 506-B of IPC convicted and sentenced the appellant by impugned judgment as mentioned in Para-1 of this judgment.
(3.) Being aggrieved by impugned judgment appellant has filed this appeal on the ground that learned trial Court is not justified in convicting the appellant in the absence of incorporated testimony of prosecutrix. Learned trial Court is further not justified in overlooking the fact that prosecutrix was major at the time of incidence.