KAMMU @ KAMLESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 22.11.1997 passed by Sessions Judge, Raisen in S.T.No.97/1993, whereby the appellant was convicted for offence punishable under section 354 of IPC and sentenced for one year's Rigorous Imprisonment.

(2.) Prosecution's case, in short, is that, on 13.1.1993, at about 12.30 p.m., the prosecutrix (P.W.1) went to the river near village Dhokheda, Police Station Bareli, District Raisen to take bath. When she was wearing her clothes after taking bath, the appellant came from back side and threw the prosecutrix on earth. On her shouting, the appellant closed her mouth but, in the meantime, younger brother of the prosecutrix came to the spot and therefore, the appellant ran away. The prosecutrix went to her house with her brother and informed about the incident to her parents. Thereafter, she had lodged an FIR, Ex.P/1, before Police Station Bareli. She was sent for her medico legal examination and treatment. Dr. H.P.Singh (P.W.4) after her examination gave a report, Ex.P/4, in which he found 4-5 simple injuries to the victim. On 23.1.1993, the prosecutrix had submitted a written report to SDOP, Bareli that actually a rape was committed with her and she could not understand that in word Bura Kaam , police will not consider the case of rape. Thereafter, case was registered for offence punishable under section 376 of IPC. After due investigation, challan was filed before JMFC, Bareli and it was duly committed to the Sessions Court, Raisen.

(3.) The appellant abjured from his guilt. He took a plea that he was falsely implicated in the matter. However, no defence evidence was adduced by the appellant.