DADDI BAIGA Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Daddi Baiga has filed this appeal under Section 374 of Criminal Procedure Code, 1973 being aggrieved by the judgment dated 17.12.1997 passed by the learned Additional Sessions Judge, Umaria, District-Shahdol, in Session Trial No. 134/97 (State of M.P. vs. Daddi Baiga), whereby the appellant was convicted under Section 376(1) of IPC and awarded a punishment of rigorous imprisonment of seven years and fine of Rs.1,000/-, in default of payment of fine, further to suffer six months rigorous imprisonment.

(2.) The case of the prosecution, in short, is that on dated 10.06.1997 while prosecutrix was sleeping with her children, younger sister and husband Mannulal in open courtyard of her residence at Village-Pipradi, accused/appellant Daddi Baiga committed rape on her. Mannulal awoke and caught hold the appellant. The appellant injured Mannulal and then managed to escape. On hearing hue and cry of the prosecutrix, neighbours came to the spot. In the morning, matter was reported at Police Station- Norojabad. Prosecutrix and her injured husband were sent for the medical examination, and after usual investigation, charge sheet was submitted before the competent committal Court, which on its turn committed the case to the Court of Sessions and the learned trial Court has conducted the trial.

(3.) The learned trial Court framed the charge against appellant for commission of offence punishable under Section 376 of IPC. The appellant pleaded not guilty, therefore, he was put to trial. The prosecution examined six witnesses and produced documents Ex.P/1 to Ex.P/4.