PURSHOTTAM TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this appeal under section 374(2) of Cr.P.C. being aggrieved by judgment dated 24.2.1997 passed by Sessions Judge, Damoh in S.T. No. 5/96 whereby the appellant has been convicted under sections 376(1), 450 of the IPC and sentenced to R.I. for 5 years and fine of Rs. 2000 and R.I. for 1 year and fine of Rs. 500/-, with default stipulations.

(2.) The prosecution case, in short, is that it is alleged that on 20.11.1995 in the morning, when the prosecutrix was preparing breakfast in her house and her husband had gone to answer the call of nature, the appellant entered into the house of the prosecutrix, threw her on the ground and committed rape on her. When she made hue and cry, her neighbour Suratia came there and saw appellant running from the spot. Thereafter, husband of prosecutrix returned to the house and then, the incident was narrated to him, thereafter, report was lodged at Police Station Damoh instead of Police Station Patharia. During investigation, the prosecutrix was sent for medical examination. The appellant was arrested and medically examined by Dr. Hari Mohan Dixit (PW-6), who found the appellant capable to perform sexual intercourse and prepared report Ex.P-5.

(3.) After usual investigation, the appellant was charge sheeted before the JMFC, Damoh who committed the matter to the Court of Sessions. The learned Sessions Judge, Damoh framed the charges under sections 376(1), 450 of the IPC.