RAMCHARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) :- Accused Ram Charan has preferred this appeal against his conviction under S. 376, I.P.C. and sentence of rigorous imprisonment for 7 years inflicted thereunder.

(2.) The prosecution story rested on the Evidence of the prosecutrix Mst. Kalia (P.W. 2) and the evidence of Kanghi (P.W. 3), a person who chanced to be in a neighbouring house. Mst. Kalia is a married woman aged about 25 years. The accused Ram Charan is a Chowkidar of the village and lives in the locality of the prosecutrix. Both belong to the same caste, namely, chamar. The evidence of Mst. Kalia is that in broad day light at about 4 p.m. the accused came to her house located in the midst of other houses. She was sitting outside the door of her house. The accused dragged her inside the room of her house and there threw her down. The accused then had forcible carnal knowledge of her. She was not a consenting party. She had put up resistance. Her bangles got broken and buttons of her blouse got uprooted. She had also raised outcries attracting Kanghi (P.W. 3) and Natha (not examined), who were in the latter's house just adjacent to her house. She further deposed that her husband had gone to another locality in the same village and hence she was alone in the house. The accused after accomplishing the act completely and fully, left her house even before Kanghi (P.W. 3) and Natha could arrive, as they did afterwards. Her husband arrived still later, to whom also she narrated the incident. Both then went to Badarwas Police Station at a distance of about 6 k.m. Mst. Kalia there lodged a report, Ex. P-3, at about 5.30 p.m.

(3.) Kanghi (P.W. 3) deposed that he was sitting at the house of Natha at about 4 p.m., when the incident is said to have occurred. Natha's house is separated from the house of the prosecutrix just by a wall of the height of 6 feet, as admitted by the Investigating Officer, Satyavir Singh (P.W. 6). The evidence of Kanghi further was that on hearing the cries of Mst. Kalia, he and Natha had rushed to her house, only to find that the accused had already left the house of the prosecutrix and was running away. Kanghi is related to the prosecutrix and is, what the prosecutrix calls, her uncle-in-law (Kakiya Sasur).