PARMAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The judg-ment of conviction and order of sentence passed by the trial court, is impugned in this appeal. The learned trial judge convicted the appellant under sections 376 and 450 I.P.C. and he has been sentenced to suffer rigorous imprison-ment of ten years under each section, he has been further sentenced with fine of Rs. 5,000.00 under each offence and in default further R.I. of two and half years. Needless to emphasis the trial court directed both the sentences to run concurrently.

(2.) No exhaustive statement of facts are necessary for the purpose of disposal of this appeal, suffice it to say that in between the night of 12/13th March, 2001 when the prosecutrix was sleeping inside her house along with her mother P.W.3 Keshar Bai, at that juncture the appellant knocked the door and called in female voice as a result of which prosecutrix woke up and opened the door. On opening the door, the appellant rushed inside the house and closed the door, as a result of which the prosecutrix screamed and on hearing her shriek her mother Keshar Bai woke up. The accused pushed Keshar Bai in another room and bolted the door from the outside, thereafter, threw the prose-cutrix and undressed her and thereafter despite her resistance committed rape on her. The accused, thereafter fled from the place of occurrence. The mother of the prosecutrix Keshar Bai witnessed the incident from the space of the door. The prosecutrix was weeping. As incident occurred during late night hours, the F.I.R. was lodged on next day i.e. 13/3/2001 at 11.45 hours.

(3.) On the basis of F.I.R. the criminal law was set in motion and a case under section 450 and 376 I.P.C. was registered against the appellant.