SHANKERSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present criminal appeal being aggrieved with the judgment dated 29.8.1997 passed by the Sessions Judge, Damoh in ST. No. 10/1997 whereby, the appellant has been convicted of offence under Section 376(1) of I.P.C. and sentenced to five years rigorous imprisonment with fine of Rs. 3000/ -, in default of fine, six months rigorous imprisonment.

(2.) THE facts of the case in short are that the prosecutrix (PW 1) was resident of Village Rakri Imlia Mangarh (Police Station Nohta, District Damoh). On 15.11.1996 at about 8.00 to 9.00 a.m., she went to Village Imlia for shopping and at about 4.00 p.m., when she was coming back to her Village Rakri, near a culvert of Gadar the appellant Shankar Singh detained her. He had shown a sum of Rs. 20/ - to have cohabitation with the prosecutrix. The prosecutrix refused to do so then he had committed a forceful rape upon her. A threat was given by the appellant that if any information about the incident is given to anyone then her eyes would be removed. However, the prosecutrix went to her house and intimated about the incident to her husband Jivanlal (PW 2), father -in -law Tikaram and brother Mukunda. In doing aforesaid activity, sufficient time was consumed and due to night, she could not go to the Police on the same day. On the next day morning she along with her husband went to the Police Station, Nohta and lodged an FIR Ex. P/1. She was sent for her medico legal examination. Dr. Beena Yadu, examined the prosecutrix and gave her report. No internal or external injury was found on her. After due investigation, charge sheet was fled before the JMFC, Damoh who, committed the case to the Court of Sessions.

(3.) THE Sessions Judge, Damoh after considering the prosecution's evidence convicted and sentenced the appellant as mentioned above.