BHAGWAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT herein, stands convicted under Section 376 (1) and Section 506 (II) of Indian Penal Code in Sessions Trial No. 25/2003 by learned Additional Sessions Judge, Biaora, District Rajgarh.

(2.) BRIEFLY stated, the prosecution's case is that on the date of incident at about 2. 00 p. m. prosecutrix (P. W. 7) went to the house of her neighbourer Santoshbai to borrow some sugar from her. When she was returning, appellant, who was already hiding there, caught hold of her and committed sexual intercourse with her. After the act of intercourse, appellant asked her not to disclose to anyone about the incident, else he will kill her. Due to the fear of the appellant, she did not tell her mother or anyone about the incident. Few days after the incident, there was a whisper in the village about the incident which brought ill fame to the prosecutrix (P. W. 7 ). On being getting defamed, she told her mother Savitribai (P. W. 9) and Jagdish (P. W. 3) about the incident. Thereafter, First Information Report (Ex. P-6) was made by prosecutrix (P. W. 7) at Police Station, Malawar, District Rajgarh. She was examined by Dr. (Smt.) Jarina Khan (P. W. 1 ). After due investigation, charge-sheet against the appellant was filed.

(3.) LEARNED Trial Court framed charges under Sections 376 and 506 of Indian Penal Code. Appellant abjured the guilt and was put to trial. After trial, he was convicted and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 2,000/- under Section 376 (1) of Indian Penal Code and to undergo rigorous imprisonment for 1 year and to pay a fine of Rs. 500/- under Section 506, Part II of Indian Penal Code. Hence, this appeal.