RAM VILAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence passed by 1st Addl. Sessions Judge, Guna in Sessions Trial No. 240/1994, whereby, appellant has been convicted under Section 376 of Indian Penal Code (hereinafter referred to as The IPC") and has been sentenced to suffer RI for seven years and fine of Rs. 500/-, in default three months further RI, the appellant has knocked the doors of this Court by preferring an appeal under Section 374 of Code of Criminal Procedure, 1973.

(2.) The facts leading to this appeal lie in a narrow compass. According to the case of prosecution, on 10-6-1994, at about 10AM, prosecutrix was washing the clothes on the bank of river, at that Juncture, nobody was present there. Appellant at the relevant point of time came there and hugged her. Thereafter, she was thrown on the ground and was ravished by him. During the course of rape, bangles of the prosecutrix were broken. Appellant after satisfying her dirty thirst fled and thereafter, the prosecutrix went to her house. She was weeping. The husband of the prosecutrix (PW1) Bharosa when came in the evening in the house, the prosecutrix narrated the incident to him, later on when her mother-in-law Narayani Bai arrived, the incident was also told to her. Thereafter, the prosecutrix along with her husband and mother in law went to lodge the report at police station, Kumbhraj. Distt. Guna.

(3.) On lodging first information report in the police station, criminal law was set in motion. The Investigating Officer sent the prosecutrix for medical examination where she was medically examined by (PW-2) Dr. Lekha Tiwari. Her report is Ex. P/2. The Investigating Officer in furtherance to his investigation, recorded the statements of the witnesses, seized wearing clothes of the prosecutrix, arrested the accused/appellant, sent him for medical examination and after completing investigation, a charge-sheet was filed before the competent Court who on its turn, committed the case to the Court of Session from where it was received by the trial Court for trial.