STATE OF MADHYA PRADESH Vs. PAHALWAN SINGH

JUDGEMENT

(1.) The following judgment of the Court was delivered by: B.D. Rathi J. This appeal under Section 378 of the Code of Criminal Procedure, 1973 (in short "The Code") has been filed by the appellant/State against the judgment of acquittal dated 20-01-2000 passed by learned Sessions Judge, Vidisha in Sessions Trial No.75/1999 whereby respondent was acquitted of the offence punishable under Section 376 of Indian Penal Code (in short IPC).

(2.) The prosecution case, in brief, is that on 25-02-1999 at about 6 pm when the prosecutrix was bringing the woods, the accused/respondent pushed her at the border (Medh) of the field and committed rape with her and threatened the prosecutrix that if she will narrate this incident to anyone he will consume the sulfas. Due to fear, the prosecutrix told her husband -Shivcharan (PW-2) only in regard to outraging of her modesty. On next day (26-02-1999) prosecutrix had told her husband in regard to committing of rape by the respondent. FIR Ex-P/2 was lodged and registered as crime No.20/1999 at police station Gulabganj Vidisha for the offence punishable under Section 376 of IPC. After completion of investigation, charge-sheet was filed against the respondent for the said offence

(3.) During the trial, the respondent pleaded not guilty to the charge framed under Section 376 of IPC and contended that he had been falsely implicated.