GOPAL, DHOOMSINGH DESWALI Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal of the year 1997 and the appeal has been filed under Section 374 of the Cr. P. C. by accused appellant Gopal being aggrieved by the judgment dated 25/1/1997 passed by the Additional Sessions Judge Kannod in S. T. No. 220/1995 whereby all the appellant has been convicted for offence under Section 376 of the IPC and sentenced to undergo R. I. for seven years. No fine has been imposed.

(2.) Brief facts of the prosecution case are that on 26/2/1995 at 8.00 p. m. in the night in village Palasi the prosecutrix Annubai had gone to relieve herself in the jungle and when she was returning accused Gopal s/o Dhoomsingh obstructed her way and started grappling with her and he committed rape on her. On hearing her shouting, her husband's younger brother-in-law Harnarayan and Phoolchand, her brother-in-law (nandoi) came to the spot. On seeing them, accused fled away from the spot. Annubai narrated the whole incident to them and then also informed the same to her husband's elder brother Ramnarayan. Since it was midnight, on the next day only they reported the FIR at Harangaon police station. On the basis of the report of police, police station Khategaon registered the incident at crime No. 34/1995 for offence under Section 376 of the IPC against the accused appellant. Thereafter Annubai was sent for her medical examination. The spot map was prepared. The accused was arrested and duly charged and committed to his trial.

(3.) The accused abjured his guilt and stated that he has been falsely implicated in the matter. There was previous enmity between the complainant and the accused and hence the appellant was being framed. However, on the basis of the evidence on record, the trial Court has convicted and sentenced the accused as herein above indicated and hence the present appeal.