GYARSA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal against the order of conviction recorded by Shri B. M. Kulmi, Additional Sessions Judge, Ashoknagar in Sessions Trial No. 74/85 convicting the appellant under Section 376 of Indian Penal Code and sentencing him to rigorous imprisonment for 3 years.

(2.) THE prosecution story is that on 5 -3 -1985 in the evening Kasturibai (P.W.1), who is the complainant, was white -washing her house. At that time, her husband had gone to another village and nobody was with her. It is alleged that accused suddenly entered into her house, he caught hold of her, threw her on the ground and committed rape. On hearing cry, P.W. 2 Premshah, P.W. 3 Vishnu and P.W. 4 Nannu came there but the accused ran away and he was seen by these persons, i.e. Premshah (P.W.2), Vishnu (P.W.3) and Nannu (P.W.4). The prosecutrix narrated the incident to these persons.

(3.) THAT after usual investigation, the challan was filed before the Additional Chief Judicial Magistrate, Ashoknagar. The case was thereafter committed to the Sessions Court for trial. The accused abjured the guilt and pleaded false implication.