KHUSHAL Vs. STATE OF M P

JUDGEMENT

(1.) Appellant was tried under S. 376(1) of I.P.C. and found guilty for committing rape with the prosecutrix on 18-8.1997 and sentenced to undergo rigorous imprisonment for seven years in ST No. 125/ 98. Judgment was pronounced by the Additional Sessions Judge, Sheopurkalan.

(2.) Being aggrieved by the aforesaid judgment of conviction and sentence, the present appeal has been filed by the appellant on the following grounds :

(3.) In short, the prosecution story is that in the early hours at about 3 a.m. on 18-8- 1997 when the prosecutrix was sleeping in her room and her husband and father-in- law had gone to field, appellant came in the house of the prosecutrix, pressed her mouth, threw her on the cot and committed sexual intercourse. On hearing the cries of the prosecutrix, the mother-in-law and other persons of the locality came in the house of the prosecutrix and she informed the incident. The report was lodged on 19-8-1997 at 1.30 p.m. Police registered Crime No. 41/97 and First Information Report recorded as Ex. P-1. Prosecutrix was sent for medical examination through requisition letter Ex. P-4 and lady doctor examined her on 28-8-1997. Spot map was also prepared which is Ex. P-2. The sealed packet was also received which was seized vide Ex. P-5 and after complet Of the investigation, charge-sheet was filed before the Magistrate Court and the case was committed for trial to the Sessions Court. The appellant was found guilty for committing offence under S. 376 of I.P.C. and convicted accordingly.