HUKUM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is filed u/S.374(2) of Cr.P.C. challenging the order of conviction and sentence dtd. 20/12/1999 passed by Sessions Judge, Rajgarh in St No. 144/1997 whereby the appellant has been convicted u/S.342, 354 and 306 of IPC and sentenced to undergo RI for one year with fine of Rs.250.00, RI for one year with fine of Rs.500.00and RI for five years with fine of Rs.500.00respectively with default stipulation. It is also mentioned that sentence u/S.342 IPC shall continue with the other offences but the sentence u/S.354 and 306 of IPC shall run consecutively.

(2.) The prosecution case is that on 22/3/1997 he caught hold of Bhagwatibai and took her inside a house and committed rape upon her and on next day when she had gone for cutting wheat in her father's field, she fell in a well at about 2.3 to 3.00 pm and committed suicide. The police thus filed a charge sheet under Sec. 342, 376, 306 of IPC against the appellant. The appellant denied the allegations made against him and alleged that he has not committed any offence and has falsely been implicated in the alleged incident and that the deceased fell into the well as per the prosecution case itself, and there is no evidence on record to show that the appellant has committed rape upon her, and thus prayed that he be acquitted of the alleged charges.

(3.) The prosecution case is established its case by the testimony of Nyadibai (PW.2) who is grand mother of the deceased. She has stated that when she was coming along with the deceased the appellant caught hold her hand and pulled her in the house and wrongfully confined her for 4-5 hours. She called Shivnarayan (PW.9). He also called the deceased but there was no response. When they peeped inside the house they could only see the saree of the deceased. In the evening when prosecutrix came out of the room she narrated to Nyadibai that the appellant had committed rape with her. Shivnarayan (PW.9) has also stated the same version.