SURESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has been convicted under Sections 450, 376 & 323 of the IPC and sentenced to undergo R.I. For 5, 7 and 1 years respectively with fine stipulation. The impugned judgment dated 29/1/1998 was passed by I Additional Sessions Judge, Mandla in Sessions Trial No. 103/97.

(2.) According to the prosecution case, on 15/04/1997 the prosecutrix, aged about 29 years was sleeping inside her house with her son, aged about 6 years. Her husband had gone to a temple. The appellant entered in the house and forcible committed rape upon her. As she tried to shriek, she was gagged. In between, as her husband Lalman arrived, the appellant hid himself in another room and when Lalman went to look after him, appellant started assaulting him with a stick. As she went for his rescue, she was also given a Stick blow on the back side of her head. She fell down and was rendered unconscious. A report of the incident was lodged next day on 16/04/1997 at 9.45 a.m. and Crime No. 37/97 was registered at Police Station Pondi for the offences punishable under Sections 450, 376 & 323 of the IPC. After completion of investigation, charge-sheet was filed and thereafter impugned judgment was passed.

(3.) Charges under Section 450, 376 & 323 of the IPC were framed. Appellant pleaded false implication and not guilty.