LAKHAN HARI YADAV Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by the judgment dated 28-8-2004 passed by Sessions Judge Betul in S. T. No. 222/02 convicting the appellant for five years RI with fine of Rs. 2,000/- and one year RI with fine of Rs. 1,000/- after holding guilty for the offences under Section 376(1) and 506-11 of I. P. C. respectively.

(2.) The facts giving rise to this appeal in short are that on 19-5-2002 at about 5.00 o'clock in the morning the prosecutrix Bipta Bai had gone to satisfy the call of nature near some culvert. After satisfying such call when she was getting up at that time she was caught hold by the appellant and pulled down on the floor. On shouting for help, her mouth was pressed with handkerchief by the appellant and after removing her undergarment and his wearing cloth "the lungi" he committed rape on her. After committing such act he gave a threat by showing the knife to kill her on reporting the matter. Incidentally, Punnu Yadav also came there then the appellant ran away from the place of the incident. She narrated the incident to Punnu and also to her husband on returning home. Then she went to Police Station Chicholi and lodged a report at about 10.30 a.m. on the same day. On registration of the offence the appellant was arrested for the offence under Sections 376 and 506-11 of I. P. C. The prosecutrix was referred to hospital where on medical examination her MLC was prepared. After completion of investigation the appellant was charge sheeted under the aforesaid sections.

(3.) The case was committed to the Sessions Court where charges under Sections 376 and 506-II of I. P. C. were framed against the appellant. On denying the same the trial was held. On appreciation of evidence after holding guilty to the appellant for the aforesaid offence he was directed to undergo with the aforesaid sentence with fine. Hence, this appeal.