SURAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present appeal under Sec. 374(2) of the Cr.P.C has been filed feeling aggrieved by the impugned judgment dtd. 05/04/1999 passed by Additional Sessions Judge, Biora, District - Rajgarh in S.T. no. 06/1997, whereby the appellant was convicted for offence punishable under Sec. 376(1) of the IPC and sentenced to undergo rigorous imprisonment of eight years and fine of Rs.5000.00 with default stipulation of additional rigorous imprisonment for six months.

(2.) As per the case of prosecution, the prosecutrix was guarding the crop at her agricultural field in Village - Patalapani on 13/11/1996. Suraj Singh went to the agricultural field of the prosecutrix around 1:00 in the afternoon and pushed her on ground. Suraj Singh threatened to kill the prosecutrix and committed rape on her. The prosecutrix sustained injuries. Suraj Singh threatened to kill, if she informs anyone. The prosecutrix informed her mother-in-law. The husband and brother-in-law (Jeth) of the prosecutrix had gone out of the village, therefore, she did not report the incident immediately. Her husband and brother-in-law returned home on 16/11/1996, the prosecutrix lodged FIR (Ex-P/6) at Police outpost, Lakhanwas. The prosecutrix was forwarded for medico-legal examination. The accused Suraj Singh was arrested on 22/11/1996. The cloths of the prosecutrix was seized. The final report was submitted on completion of investigation before the Judicial Magistrate First Class, Biora, District - Rajgarh.

(3.) The Judicial Magistrate First Class, Biora, District - Rajgarh committed the case for trial to the Court of Sessions vide order 20/12/1996. The Additional Sessions Judge, Biora, District-Rajgarh framed charges for offence punishable under Sec. 376 and 506 of IPC. The Additional Sessions Judge, Biora, District-Rajgarh, on completion of trial, convicted the appellant for offence punishable under Sec. 376(1) of the IPC and sentenced him for rigorous imprisonment of eight years and fine of Rs.5000.00 with default stipuliation of additional rigorous imprisonment for six months.