PEERU ALIAS PRABHULAL Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 8/11/2000 passed by 1st Additional Sessions Judge, Guna in Sessions Trial No. 158/2000 convicting the appellant under section 376, I.P.C. and sentencing him to suffer R.I. of 10 years and fine of Rs. 10,000.00, in default, further S.I. of six months, the appellant has knocked the door of this Court by preferring this appeal.

(2.) Sans unnecessary details, the facts lie in a narrow compass. On 9/5/1994 prosecutrix lodged a First Information Report that she is the resident of Fatehgarh and the appellant is the resident of village Jhiri. The appellant happens to say her that he is having relations with the Chief Minister and he can manage to allot patta of the land to the prosecutrix. Eight days earlier to the date of incident, appellant along with Ransingh, brother-in-law (Jeeja) of the prosecutrix and the prosecutrix on the pretext of allotment of patta, came to Guna where all these three persons lived for some days. On 8/5/1994 the appellant told the prosecutrix that the task of obtaining patta from Guna is completed and now they are required to meet with a clerk. Thereafter, he carried away the prosecutrix in a bus. At that juncture, Ransingh who is the brother-in-law of the prosecutrix stated that he will also go but appellant did not allow him. Thereafter, the appellant and the prosecutrix went from Guna to fertilizer plant where he asked the prosecutrix to sit and he went away. The prosecutrix sat there for whole of the day and when there was sunset and appellant did not come, she started weeping. At that juncture, appellant arrived there and asked that why she is weeping. The prosecutrix told that now she would like to go back. Thereafter, they proceeded up to some distance and when they reached nearby the factory of fertilizer and near the bank of the river, the appellant caught hold that neck of the prosecutrix as a result of which the female child which was in the lap of the prosecutrix started weeping. Thereafter, the appellant gave some slaps to the said child. The appellant thereafter threw the prosecutrix on the ground and against her will he committed rape over her. The appellant also closed her mouth. Thereafter, appellant flee away from the place of occurrence. The prosecutrix came to Ruthiyai from where she boarded a bus and came to Guna. She narrated the entire episode to her brother-in-law Ransingh. Thereafter, they went to the police station and lodged the report.

(3.) On lodging of the First Information Report, criminal law was set in motion. The investigating agency arrested the accused; sent him for medical examination; the prosecutrix was also sent for her medical examination; the statement of the witnesses were recorded. After completion of the investigation, a charge-sheet was submitted in the competent Court which on its turn committed the case to the Court of session and from where it was received by the Trial Court for trial.