LAKHAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 1.11.2006 passed by learned IIIrd Additional Sessions Judge, Betul in ST No.84 of 2006 whereby the appellant was convicted for offence punishable under Section 506, 376 of I.P.C and sentenced for six months rigorous imprisonment and seven years rigorous imprisonment with fine of Rs.1000/-. In default of payment of fine he was to undergo one month's simple imprisonment in addition whereas it was directed that jail sentence imposed upon the appellant shall run concurrently.

(2.) Prosecution's case in short is that on 30.6.2005 the prosecutrix left her house situated at Kanhawadi, Police Station Ranipur, District Betul with some grams so that such grams could be sold in Village Ghoda Dongri. When she passed Bajrang Colony of that locality, the appellant started chasing her. She sold the entire gram in village Ghoda Dongari and thereafter, she left for house of her mother situated at Baspur. At about 11.00 a.m near the railway bridge Dhumardhana, the appellant held the prosecutrix from her back and closed her mouth. He pressed her breasts and thereafter, he committed rape on her. He threatened the prosecutrix that if she tells about the incident to anyone then he would cut her into pieces and thereafter, the appellant ran away. There was nobody at the spot and therefore, prosecturix went to the Village Baspur and told the story to her brother Dalap (P.W.5). It was advised that she should inform her husband about the incident before filing any FIR and therefore, she went to Kanhawadi and when her husband Munnilal (P.W.3) came after work at night, she told the entire story to him. Also Sarpanch of the Village Narendra (P.W.2) was informed about the incident who, accompanied the prosecutrix to the Police Station, Shahpur in District Betul. The prosecutrix lodged an FIR Ex.P/5 on 1.7.2005 (one page of FIR is placed at page no.28 in the record of the trial Court whereas first page of the FIR is placed at page no.10 in the record of the trial Court). The prosecutrix was directed for her medico legal examination. Dr. S. Rangani examined her and gave a report Ex.P/3-A. During the investigation the appellant was arrested and thereafter, his medico legal examination was done. After due investigation charge sheet was filed before the JMFC, Betul who, committed the case to the Sessions Judge, Betul. Ultimately it was transferred to IIIrd Additional Sessions Judge, Betul.

(3.) The appellant abjured his guilt. He did not take a specific plea. However, he took a plea that he was falsely implicated in the matter. The prosecutrix and her husband was instigated by Sarpanch Narendra. No defence evidence was adduced by the appellant. Learned Additional Sessions Judge after considering the evidence of the prosecution convicted the appellant for offences punishable under Sections 506, 376 of I.P.C and sentenced him as mentioned above.