VINOD KUMAR YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 11/4/1997 passed by the Sessions Judge, Sagar in ST No.368/1996, whereby the appellant was convicted for commission of offence punishable under Section 376 of IPC and sentenced for three years' rigorous imprisonment with fine of Rs.500/ -. In default of payment of fine, one month's rigorous imprisonment was also directed.

(2.) THE prosecution's story, in short, is that on 21.9.1996 at about 7:00 PM in the evening the prosecutrix (PW -1) was all alone in her house situated at Village Bhatua (Police Station Cantt. District Sagar). Her husband Ramesh (PW -2) and her mother -in -law went to attend a Dastone ceremony at the house of Vinod (DW -1) at Village Kapuriya. THE prosecutrix went to answer the call of nature near a Nala. When she was coming back the appellant appeared before her, having a knife. He gave a threat that if she shouts, he would kill her and thereafter he dragged the prosecutrix by closing her mouth. THEn he threw the prosecutrix on the earth and ultimately he committed rape upon the prosecutrix. Since the mouth of the prosecutrix was closed by a hand of the appellant, she could not shout. She could not resist due to fear and ultimately he put on his clothes and thereafter he gave a threat again to the prosecutrix not to inform anyone about the incident. THE prosecutrix went to the Village Kapuriya and called her husband Ramesh, who was in the house of Vinod (DW -1). She informed about the incident to her husband and thereafter she went to the Police Station and lodged an FIR Ex.P -1. She was directed for her medico legal examination. Dr. S. Mishra (PW -3) examined the prosecutrix and gave a report Ex.P -4. No external or internal injury was found on the person of the prosecutrix. However, two slides of her vaginal swab were prepared and handed over to the concerned Constable after sealing them, for their forensic examination. THE appellant was also arrested. He was sent for his medico legal examination. After due investigation, a charge sheet was filed before the JMFC Sagar, who committed the case to the Sessions Judge, Sagar.

(3.) THE learned Sessions Judge after considering the evidence adduced by the parties convicted the appellant for commission of offence punishable under Section 376 of IPC and sentenced him as mentioned above.