GOLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been filed on behalf of the appellant under Sec. 374 being aggrieved by the order dtd. 8/5/2000 passed in Sessions Trial No. 25/2022, whereby the appellant has been convicted for the offence under Ss. 294, 323, 376(1) read with Sec. 511 and Sec. 506(2) of the Indian Penal Code, 1860 (hereinafter referred as to 'IPC') and sentenced to undergo for 3 months RI, 6 months R.I., 10 years R.I. and 5 years R.I. with fine of Rs.500.00, Rs.1,000.00, Rs.2,000.00 and Rs.1,000.00 and default stipulations.

(2.) The Prosecution case in a nutshell is that on 21/6/2022 at about 02:00 pm, the prosecutrix (PW-1) was returning home after working in her field, when on the way, she met her nephew, appellant Golu, who started to abuse her. On which, the complainant/prosecutrix told him that abusing is not a good thing, so he started saying 'wait, let me tell you' and caught hold her both hands with bad intentions and started to beat her, grabbed her hairs, pushed her on the earth and started to pull her clothes. The prosecutrix pushed him and as she managed to save herself. On the basis of the information given by the complainant/prosecutrix, an FIR was lodged bearing Crime No. 215/2022 for the offence punishable under Ss. 294, 323, 376, 34 and Sec. 506-II of IPC at Police Station Bedia, District Khargone.

(3.) In turn, after completion of investigation, charge-sheet was filed and the case was committed to the Session Judge and thereafter, appellant Golu was charged for offence under Ss. 294, 323, 376, 511 and 506(Part-II) of IPC. He abjured his guilt and took a plea that he had been falsely implicated in the present crime and prayed for trial.