JANDEL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has preferred by the appellant under Section 374 of Cr. P. C. against the judgment of conviction and sentence, 7. 6. 2000 passed by ivth Additional Sessions Judge, Morena (M. P.) in Sessions Trial No. 220/96 by which the appellant has been convicted under section 376 of IPC and sentenced to undergo rigorous imprisonment for seven years with a fine of Rs. 3,000 with default stipulation.

(2.) IN nutshell, the story of the prosecution is that on 27. 5. 96 at about 8 pm at village hamirpura, prosecutrix (PW5) went to bring vegetable from her uncle Tunderam and while she was returning to home, on the way near the well, appellant met her, threw her on the ground and committed sexual intercourse with her. During the commission of act; one hand was put by the appellant on her mouth, therefore, she could not cry. After the incident, prosecutrix (PW5) came to her house and informed the incident to her father Banwari (PW1) and jiji (mother) Bhagwan Devi (PW6 ). On the same night at about 11 p. m. , she along with her parents went to the police station and lodged the report which is Ex. P7. Thereafter, she was sent for medical examination. After completion of investigation, chargesheet was filed before the competent Court. After conclusion of trial, the appellant convicted and sentenced accordingly as stated in para one of this judgment.

(3.) LEARNED counsel for the appellant challenged the conviction of the appellant on the ground that there is no eye-witness of the incident. Secondly, the age of the prosecutrix (PW5) is above 16 years and the prosecution has not proved that the act of sexual intercourse was done against her consent or will. It is further submitted that the appellant has falsely been implicated, the material witness Tunderam was not examined and the incident took place in the dark night.