LABH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This is the appeal of the appellant-accused Labh Singh, who on his conviction under section 376 of the Indian Penal Code, has been sentenced to five years R.C and to pay the fine of Rs. 1000/- and in default of fine, to a further term of one years R.I.

(2.) The victim of the incident is a married woman and a hospital nurse viz. P.W. 1 Mst. Kamla Singh aged 42 years. On 4.11.19151, P.W. 1 Mst. Kamla Singh, after receiving her salary at Gopalganj, boarded the truck for going to Seoni. The appellant-accused was stated to be the Driver of the truck and one Balvender Singh the conductor. The appellant accused did not stop the truck at Seoni. After some other passengers got down from the truck and when the prosecutrix was all alone with the truck driver and the conductor in the truck, the conductor and the appellant-accused both were alleged to have committed rape with her and to have left her at village Aloniya. She had lost her consciousness and on regaining the same, she went to village Aloniya and apprised P.W. 4 Rampal Singh and later lodged the report at Police Station Seoni on the next day morning after apprising her husband about the incident. She was medically examined and was found to have several contusions and abrasions on various parts of the body, as opined by Mrs. Choudhary vide injury report Ex. p. 8. The appellant-accused and his companion were put up for identification and then both were put up for trial. Both abjured the guilt and claimed to be falsely implicated. The trial Court did not believe the identification proceedings. However, relying on the prosecutrixs statement, corroborated by her husbands statement and the prosecutrix FIR, convicted and sentenced the appellant-accused only to the extent as stated at the outset. Hence now, the present appeal.

(3.) The learned counsel for the appellant accused has stated that the identification having been disbelieved, there in absolutely no material to connect the appellant-accused as the author of the crime, inasmuch as, the prosecutrix herself did not know the appellant-accused from before.