VISHNU Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 20/10/2000 passed by Fourth Additional Sessions Judge, Gwalior in Sessions Trial No. 341/1996 by which the appellant has been convicted under Section 376 I.P.C. (hereinafter referred to as IPC) and has been sentenced to suffer rigorous imprisonment of ten years and fine of Rs. 2500.00, in default further R.I. six months, the appellant has preferred this appeal under section 374 of the Code of Criminal Procedure

(2.) No exhaustive statement of facts are necessary for the disposal of this appeal. Suffice it to say that on 31/7/1996 at 2.30 p.m. when the prosecutrix did not turn to her house, her mother Parwati Bai went to search her. While she was searching the prosecutrix she entered in one temple, the door of which was closed but not bolted, when she opened the door she saw that prosecutrix was lying undressed and the appellant was also undressed and was lying on her, on seeing the mother of the prosecutirx appellant fled from the spot. Thereafter on being screamed by Parwati Bai, (the mother of the prosecutrix), inhabitants of the locality assembled there thereafter on the same day i.e. 31/7/1996 First Information Report (Ex.D-2) was lodged by Parwati Bai. On lodging the F.I.R. the criminal law was set in motion. The Investigating Officer sent the prosecutrix for medical examination where she was examined by Dr. A.K. Noona (P.W.7) the report of the doctor is Ex. P-4.

(3.) In furtherance to its investiga-tion, the Investigating Officer arrested the accused, sent him for medical examination, seized the necessary articles and also recorded the statements of the witnesses and after completion of the investigation, a charge sheet was submitted before the competent court who on its turn committed the case to the court of Sessions and from where it was received by the trial court for the trial.