POORAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal under section 374(2) of Cr.P.C. being aggrieved by conviction and sentence recorded by the First Additional Sessions Judge vide order dated 13.3.1997 passed in S.T. No. 137/96 whereby the appellant has been convicted under Sections 450, 376 of the IPC and sentenced to R.I. for 31/2 years and fine of Rs. 150/- (on both counts), with default stipulation.

(2.) The prosecution case, in short, is that on 30.8.1996 at about 9:00 AM prosecutrix (PW-1) was at her home, the appellant, who was living in front of her house, came to the house of prosecutrix and inquired about her husband, when prosecutrix told him that her husband has gone to the field, the appellant entered into the house of prosecutrix, caught hold and committed rape on her. When prosecutrix made hue and cry Manju Singh (PW-2) came there, prosecutrix narrated him the incident, thereafter, when her husband Dabbal (PW-3) returned from the field, she narrated the story to him and lodged FIR (Ex.P-1) at P.S. Lakhnadon. The offence under Section 376 of the IPC was registered against the appellant. The prosecutrix was sent for medical examination. Dr. Pushpa Saiyam (PW-5) examiner her. The appellant was arrested and sent for medical examination. Dr. R.N. Ojha (PW-6) examined him.

(3.) After usual investigation, the appellant was charge sheeted before JMFC, Lakhnadon, who committed the matter to the Court of Sessions. The learned First Additional Sessions Judge framed the charges under sections 450, 376 of the IPC against the appellant.