HEERA LAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred under Section 374(2) of the Code of Criminal Procedure (for short "the Code"), being aggrieved with the judgment dated 25.12.1997 passed by the Sessions Judge, Hoshangabad in S.T. No.15/1997, whereby the appellant has been convicted under Section 376 of the Indian Penal Code (for short "the IPC") and sentenced to undergo R.I. for 7 years.

(2.) Prosecution case, in brief, is that the prosecutrix, who is a married lady, was staying in her parental house and her husband had gone outside for work. When prosecutrix was returning along with Meena (PW6), after attending classes at the Literacy School, Narri, respondent obstructed her way, threatened Meena and subjected her to rape. When her husband returned, report (Ex.P/1) of the incident was lodged on 14/3/96 upon which Crime No.93/96 was registered and after investigation, charge-sheet was filed.

(3.) Charge under Section 376 of the IPC was framed against the appellant in respect of the said offence committed 21/2 months prior to 21/4/1996 at about 2.30 p.m. Appellant denied the charge and pleaded false implication.