BHURELAL ALIAS BHURA Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal under Section 374, 401 of Code of Criminal Procedure against the judgment of conviction and sentence dated 01-07-2009 passed in S.T.No.250/08 by learned Sessions Judge, Guna whereby the appellant has been convicted for the offence punishable under Sections 456, 376, 323 and 506-B of IPC and he has been sentenced to undergo 1 year's RI with fine of Rs.500/-, 7 years' RI with fine of Rs.500/-, 3 months' RI and 6 months' RI respectively with default stipulation.

(2.) Brief facts of the case are that when the prosecutrix (PW-1) {name of prosecutrix is not mentioned to hide her identity} was sleeping in her house on 20-05-2008 at about 11:00 pm, the appellant came inside the house and committed rape on her at that time mother-in-law of the prosecutrix was sleeping outside the house and her husband had gone out of house. When husband of the prosecutrix came and knocked the doors, appellant ran away from the house after causing blow of fist to her husband and biting his hand. On the report of prosecutrix, after investigation challan has been filed and learned trial after trial has convicted the appellant for the offences as mentioned above in paragraph first of the judgment.

(3.) Against the impugned judgment of conviction and sentence, appellant has preferred this appeal on the ground that learned trial Court has failed to appreciate the evidence properly and is not justified in convicting the appellant. The moot question for consideration which is arising in this appeal is that whether learned trial Court is justified in convicting the appellant.