AMAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the conviction and sentence passed by Sessions Judge, Guna in Sessions Trial No. 189/86 convicting the appellant under Section 376/5.11 Of i.P.c. and sentencing him to 5 years R.I.

(2.) The prosecution alleges that on 27-9-1986, Ramvati, daughter of Mangilal was subjected to sexual intercourse. It is alleged that when she was washing her hair at the river, accused came there and asked her to look after his cattle and in the meantime, he will take bath. She refused whereupon he threw her in the river. While she started to drown, he caught of her by both of her legs and took her out and threw her on the sand. Thereafter, he took her carnal knowledge. She bled and became unconscious. Accused ran away. She came to her house. She went to the Police Station and lodged the report, which is Ex. P/1. She was sent for medical examination. The medical report is Ex. P/3.

(3.) After usual investigation, the challan was filed. The accused-appellant pleaded not guilty and contended that heltas been falsely implicated.