AKBAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed under Section 374 of Cr. PC, 1973 against the conviction and sentence dated 31-1-2000 passed by Second Additional Sessions Judge, Vidisha in Sessions Trial No. 128/99 convicting the appellant under Section 376 of IPC and sentenced to undergo seven years RI and fine of Rs. 1,000/- with default stipulation.

(2.) PROSECUTRIX, Santibai (P. W. 1) lodged the report against the appellant at the Police Station, Kurbai (District Vidisha) which is Exh. P-1. According to the report, on 31-3-99 at about 11 a. m. , when prosecutrix was taking 'kanda' (cow-dung cake) from the field, appellant came there and asked for septic-pin from the prosecutrix and she was refused to give same to the appellant. Then appellant caught hold her and squeezed her breast and she started crying. Appellant gagged her mouth and brought to her near "pogra" and threw on the ground and undressed her and also opened her bottom of the pant and committed rape. After came back home, she narrated the incident to her husband. Her husband called the appellant in presence of her. Appellant denied to have committed sexual intercourse with the prosecutrix. Due to night, report could not be lodged on the same day and lodged the report on the next day that on 1-4-99 at about 12 in the noon. She was sent for medical examination, the report is Exh. P-6 and the report of FSL is Exh. P-7. From the medical report accused was also found capable for sexual intercourse. The Trial Court framed charge under Section 376 of IPC against the appellant and found guilty of having committed rape with the prosecutrix and convicted the appellant with imprisonment as mentioned in above Para No. 1.

(3.) DURING the course of arguments, Counsel for the appellant challenged the conviction on the following grounds: