RAJKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 26.12.1996 passed by the learned First Additional Sessions Judge, Sidhi in S.T.No.82/1996, whereby the appellant was convicted for the offence punishable under section 376 of IPC and sentenced for 7 years' rigorous imprisonment with fine of Rs.2,000/-. In default of payment of fine, one year's rigorous imprisonment was also directed.

(2.) PROSECUTION's case, in short, is that, on 30.3.1995, at about 10 a.m. in the morning, the prosecutrix (P.W.1) was working in Khalihan, situated at Village Khutar, Dihba Tola (Police Station Waidhan, District Sidhi). Due to power cut, the working of thresher was stopped and therefore, Ramdas, husband of the prosecutrix, went to his house for taking lunch. At about 10 a.m. in the morning, the prosecutrix went to a field of Arhar (Pulse) to answer the call of nature. When she was coming back, the appellant met her and held her hand and tried to drag her towards his field. He pressed her breasts. The prosecutrix shouted then, the appellant threw her on Earth. In the meantime, Ramdas, husband of the prosecutrix reached to the spot and therefore, the appellant ran away from the spot. The prosecutrix thereafter, went to the flour mill of Ramkesh and told the entire story to him. In the evening, she told the entire story to Ramlal (P.W.3). On the next day, at about 3 p.m. in the evening, she had lodged an FIR, Ex.P/2 at Police Station Waidhan, District Sidhi, which was registered for the offence punishable under section 354 of IPC. During investigation, the prosecutrix has stated that the appellant had committed rape with her and therefore, after due investigation, a charge-sheet was filed before the JMFC, Waidhan for the offence punishable under sections 354 and 376 of IPC. The learned JMFC committed the case to the Sessions Court, Sidhi and ultimately, it was transferred to the First Additional Sessions Judge, Sidhi.

(3.) I have heard the learned counsel for the parties.