KAILASH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Kailash stands convicted for offences punishable under section 376 (1) and 307 of IPC and sentenced to RI for 10 years with fine of Rs. 5,000/- and RI for 5 years with fine of Rs. 5,000/- respectively by the impugned judgment and order dated July 2, 2001, passed by Additional Sessions Judge, East Nimar, Khandwa, in Sessions Trial No. 41/2001.

(2.) THE prosecution case, in brief, is that on 13.9.1995 at about 6 p.m. when prosecutrix Salitabai (PW 2), after giving tea to her father at his field, was returning home alongwith her cattle, appellant intercepted her, caught hold of her hand and forcibly took her in the field of one Jaswant Singh. The prosecutrix tried to raise alarm but the appellant pressed her mouth, overthrew her in the field, pressed her neck by putting his leg and thereafter, committed rape on her. After the commission of offence of rape, the appellant warned the prosecutrix not to inform anyone about the incident. When she expressed that she will convey about the incident to her parents, appellant again overthrew her in the field, pressed her neck, assaulted her with a stone and caused injury on her head. On hearing the cries of prosecutrix, when Rajaram reached at the place of occurrence, the appellant took to his heels. When the father of the prosecutrix reached home and learnt that the prosecutrix has not reached so far, he went in search of prosecutrix alongwith his son Gabru and some other persons including Devram and Kamal Singh. Prosecutrix was found injured in the field. She was taken to her village Netangaon where prosecutrix narrated the incident to her father and other persons.

(3.) AFTER investigation, a challan for offence punishable under sections 376 and 307, IPC was filed against the appellant and the case was committed to the Court of Sessions.