TORAN SINGH Vs. THE STATE OF M.P.

JUDGEMENT

(1.) The appellant- Toran Singh has preferred this appeal under Section 374 sub Section (2) of Cr.P.C , challenging the judgment dated 08.05.1997, passed by Sessions Judge, Bhopal in S.T. No. 219/1995, wherein the appellant has been convicted for offence under Sections 376 and 450 of the I.P.C and sentenced to rigorous imprisonment for seven years with fine of Rs.5,000/- and rigorous imprisonment for three years with fine of Rs.1,000/- respectively with stipulated default.

(2.) The prosecution story in brief is that the prosecutrix is the wife of Balaram, a resident of village Khajuri Kala, Bhopal. They lived in the house of Gyan Singh Chouhan. On 16.03.1995 at about 9-10 pm, the prosecutrix and her husband- Balaram were having their dinner. The appellant- Toran Singh reached there. He asked Balaram to accompany him for "Bhajia" is being prepared at his house. Balaram (PW 4) accompanied him. They went to the field of Gyan Singh. After some time, they consumed liquor from there the appellant took Balaram to the house in the field with the pretext that he has forgotten the keys. The appellant asked Balaram to go to the field and came back to the house of the prosecutrix. He knocked at the door and said that he and Balaram have returned from the field. However, when the prosecutrix opened the door, the appellant alone was there. He entered into the house quickly and shut the door. He also switched off the light and holding the prosecutrix onto the ground, committed sexual intercourse forcibly without her will. On the shout of the prosecutrix, none came to her rescue. The appellant after commission of the crime was leaving the house, the husband of the prosecutrix Balaram came in and saw the accused leaving the house. The prosecutrix narrated the whole incident to the Balaram her husband. On the following day i.e. on 17.03.1995, the prosecutrix along with her husband went to Police Station Bilkhiriya, Bhopal and lodged the report Ex. P/3. Police sent the prosecutrix for medical examination. Spot map Ex. P/5 prepared at the instance of Balaram. The broken bangle has been seized.

(3.) After due investigation, charge sheet has been filed for offence under Sections 376 and 450 of the I.P.C.