KOGI RAM Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence passed by learned Sessions Judge, Mandla, in Sessions Trial No. 9/1999, convicting the appellant under Section 376, IPC and directed him to suffer R. I. of seven years and fine of Rs. 500/- in default three months further R. I. , the appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) NO exhaustive statement of facts are necessary, for the disposal of this appeal, suffice it to say that on 20-10-1998, at five in the evening the prosecutrix went to store the water from a small spring (Jhiria), which is situated at the outer skirt of the village and when she was storing the water at that juncture accused/appellant came and hugged her thereafter he threw her on the ground. It is said that thereafter the prosecutrix hurled the abuses to him, but the accused did not allow her to escape, and despite she resisted, he undressed her and thereafter committed rape on her. It is the further case of the prosecution that while the appellant was in compromising position with the prosecutrix, Rangia Bai (P. W. 2) arrived there and on seeking her the accused flee away. Thereafter the prosecutrix along with said Rangia Bai came to her house and narrated the incident to her husband Ratan. On the next day there was a Panchayat and accused was summoned, who admitted his guilt before the Panchas and after that Panchas directed the prosecutrix to lodge the report and eventually on 22-10-1998 an F. I. R. (Ex. P-1) was lodged and in this manner the criminal law set in motion.

(3.) THE investigating agency sent the prosecutrix for her medical examination; seized the sari of the prosecutrix on which semen spot were found; the doctor prepared the slides of vaginal discharge; the I. O. prepared the spot map; seized the undergarments of the accused; the doctor prepared a slide of the semen of the accused and sent it for chemical examination.