KALLU Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 31-3-1994 passed by Additional Sessions Judge, Ashoknagar, District Guna, whereby appellant has been convicted u/Section 376. I.P.C. and sentenced to seven years R.I. and to pay a fine of Rs. 200/- and in default of payment of fine, to further undergo rigorous imprisonment for one month. Appellant has further convicted u/Section 506-11, I.P.C. and sentenced to two years R I.

(2.) According to the prosecution case, it was alleged that on 31-3-1989 at 10.30 a.m. reporter prosecutrix Smt. Siyabai was collecting cow dung cakes in the nearby her. It was a harvesting season and nearby fields were being harvested by certain people. Appellant Kallu is said to have reached the prosecutrix and dragged her to nearby bushes and he is said to have forcibly committed rape upon her. The lady raised cries and heard by witnesses like Basanta, Himmat Singh and Amar Singh are said to have reached the spot. Thereafter, the prosecutrix is said to have disclosed to them that rape has been committed upon her by the appellant.

(3.) The F.I.R was lodged by the reporter very day at 4.30 p.m. at P.S. Ashoknagar. Prosecutrix Smt. Siyabai was examined the same day by Dr. Urmil Agrawal and the medical report Ex. P16 was proved on record. After completing the investigation, challan was submitted. Appellant was charged u/Sections 376 and 506-11, I.P.C. Prosecution witnesses P.W. 1 Smt. Siyabai, P.W. 2 Balkishan, P.W. 3 Balbir, P.W.4 Basanta and P.W. 5 Laxmansingh were examined on the question of fact. Other witnesses are formal witnesses.