BHAGIRATH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal is directed against the judgment passed by Additional Sessions Judge, Garoth, District Mandsaur in Sessions Trial No. 122/2007, dated 10-7-2008, whereby learned ASJ found the present appellant guilty under Sections 376(1), 366 and 506 (Part II) of IPC and sentenced him to undergo RI for ten years with fine Rs. 200/- under Sections 376(1) and 366 of IPC on each count and three years' RI under Section 506 (Part II) of IPC with default clause. The facts giving rise to this appeal are that the prosecutrix was married about 7-8 years prior to the incident. She had two daughters from her marriage and she was living with her mother, Dakhibai (P.W. 1) as her husband was away to earn livelihood. It was alleged that the present appellant took the prosecutrix and her two daughters to Village Gurla, Distt. Zalawad and kept them in a rented accommodation belonging to Murli Sharma. There he forcibly established physical relationship with the prosecutrix. Finally, finding an opportunity, the prosecutrix informed her mother about her confinement by the present appellant, and thereafter, her mother alongwith police went and recovered the prosecutrix from the possession of present appellant. A crime was registered by P.S. Garoth, Distt. Mandsdaur and after investigation, charge sheet was filed.

(2.) Learned ASJ, after recording the evidence of the prosecutrix and the defence, found the present appellant guilty under Sections 376(1), 366 and 506 (Part II) of IPC and sentenced him as aforesaid. Aggrieved of the conviction and sentence, this criminal appeal is filed.

(3.) Learned Counsel for the appellant has placed reliance on a judgment of Hon'ble Supreme Court delivered in the case of Narendra Kumar v. State (NCT of Delhi), reported in 2012 SAR (Criminal) 511, whereby it was held that if evidence of prosecutrix is found suffering from serious infirmities and making deliberate improvements on material point with a view to rule out consent on her part and there being no injuries on her person, then no reliance can be placed on her evidence.