CHARAN Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 374(2) of Cr.P.C. being aggrieved by the judgment, finding and sentence dated 06.10.193 passed by Sessions Judge, Narsinghpur, in S.T.No.4/93 whereby the appellant has been convicted under section 376 of IPC and sentenced to R.I. for 7 years with fine of Rs.100/-, in default, further R.I. for 1 month.

(2.) The admitted facts of the case are that the victim and her husband are the resident of Chandpura, police station-Themi and the appellant is resident of village Belhai, Gotegaon. They are relatives. On 10th July, 1992, the prosecutrix and her husband returned from Lathgaon after attending the marriage. They stayed at the house of the appellant. Both the parties have lodged the report against each other.

(3.) The prosecution case, in short, is that on 10.7.1992, the prosecutrix and her husband returned from Lathgaon after attending the marriage. The appellant carried them to his house for the purpose of making doorframe. Her husband and the appellant slept in veranda in the night whereas prosecutrix and wife of appellant slept in a room. At about 3.00 P.M., appellant came to the prosecutrix. She was awakened and asked as to why he has come. He stated not to make voice otherwise he will kill. Then, he put the knife at her breast and as soon as she tried to cry, he gagged her mouth by cloth. He lifted her petticoat and Sari, removed his Lungi and Chaddi and penetrated his male organ into her private part and committed sexual intercourse without her consent. When she resisted, he scratched by nail and also bit at her thigh, waist, shoulder, breast, neck and mouth. When she removed cloth from her mouth, she bit at the stomach of the appellant. The appellant threatened not to raise voice otherwise he will kill her. The wife of appellant remained sleeping and did not speak anything. The prosecutrix told her husband at about 10.00 A.M. Her husband asked to appellant. Some altercation took place between them. The appellant again threatened not to make report otherwise he will kill them. They became frightened, came to Narsinghur from where they went to their village Chandpura. Her father-in-law was not at the house. When her father-in-law returned back, then she came to lodge the report. At P.S. Gotegaon, Crime No.193/92 under Section 376 IPC and 190 IPC was registered on 19th July, 1992 against the appellant.