JAISINGH AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH the above -mentioned appeals have arisen out of the same judgment, therefore, they are being dealt with by this common judgment.

(2.) CRIMINAL Appeal No. 597/2001 has been filed under Section 374 of CrPC by the appellant -accused, aggrieved by the judgment dated 08 -11 -2001 passed by the Second Additional Sessions Judge, Ashok Nagar, (then District Guna) in Sessions Trial No. 35/2000, by which the learned Second Additional Sessions Judge has convicted the appellant - accused for the offence under Section 376 of IPC and sentenced him to undergo three years rigorous imprisonment and imposed a fine of Rs. 1,000/ -, in lieu of fine the accused - appellant is to undergo simple imprisonment for nine months.

(3.) IT is not disputed that the accused and his colleague Naresh Kumar Sharma (PW -1), Keshavdas Tyagi and Pratap Narayan Mathur were Assistant Teachers at Government Girls Primary School at village Tumen. The accused - appellant admitted that he was on leave on 11th , 13th , 22nd and 28th in the month of January, 1999 and in all other working days he attended the school. He was arrested by the police vide Panchnama Ex.P -20 and was sent for medical examination vide application Ex.P -21. In the medical examination, he was found capable of performing sexual intercourse.