KESHAV SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 11-1-2000 passed by the Special Judge, Vidisha, in Special Case No. 193/97, by which the learned Court convicted the appellant under Section 376(2),(g). of IPC and sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 5,000/- and in default to undergo further simple Imprisonment for one year.

(2.) Apart from the merits of the case, counsel for the appellant also challenged this appeal on the ground that in this case the investigation has not been done by the rank of Deputy Superintendent of Police. Although this ground has not been taken in the memo of appeal but being a legal ground, he has raised this ground at the time of final arguments.

(3.) The background of the case, in short, is that the report of the incident was lodged by the prosecutrix on 28-5-97 at 10.30 a.m. at Police Station, Vidisha, that in the night, appellant along with co-accused Ghamandi came to the house of prosecutrix and knocked the door and asked for flour. She opened the door and then both the accused persons entered into the house of the prosecutrix. Co-accused Ghamandi caught hold her, pressed her mouth and the appellant Keshav committed sexual intercourse with her. After completion of the act, appellants ran away. Soon after the incident, on the cry of the prosecutrix, Narbadi Bai (PW-3), Kanchedi (PW-4) and Gumani (PW-5) came there and opened the door of the house of the prosecutrix then prosecutrix narrated the incident to them.