RAISINGH BARELA Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal under Section 374 of Cr.P.C. against judgment dt. 31.1.1998 passed in S.T. No. 105/1996 by learned Additional Sessions Judge West Nimar Sendhwa, M.P. convicting appellant for the offence punishable under Section 376 of IPC and sentencing him to undergo RI for 5 years and fine Rs. 1,000/-. Appellant has also been convicted for the offence under Section 506 of IPC and sentenced to RI for one year.

(2.) The brief facts of the case are that, prosecutrix PW-5 ( The name of the prosecutrix is not mentioned) looking to the nature of offence. The prosecutrix had gone to the marriage of relative along with brothers of her husband. It is alleged that appellant accused took her for giving her liquor and committed rape with her. Report of the incidence was lodged by prosecutrix after two days. On filing of challan, learned Trial Court after trial has convicted the appellant for the offence punishable under Section 376 and 506 of IPC and sentenced as mentioned in para 1 of the judgment.

(3.) Being aggrieved by the impugned judgment, appellant has filed this appeal on the ground that he has been falsely implicated due to enmity and learned Trial Court has erred in convicting him overlooking the fact that none of the witnesses have corroborated the statement of prosecutrix.