(1.) This criminal appeal has been filed under Section 374 of Cr.P.C. against the judgment dated 1.6.2009 passed by Second Additional Sessions Judge, Gwalior in S.T.No. 328/2008 by which the appellant has been convicted for offence punishable under Section 376 of IPC and has been sentenced to undergo the sentence of ten years R.I. and a fine of Rs. 1,000 with default imprisonment.
(2.) The necessary facts for the disposal of the present appeal are that the prosecutrix lodged a FIR on 10.8.2008 alleging that at about 1:30 PM she had gone to the shop of one Jal Singh. When she was coming back to her house at that time the appellant caught hold of her hand and forced her to go to his house and after closing the door he threw her on the cot and after removing her clothes he committed wrong work [1] with her. When she tried to shout, her mouth was gagged and after sometime the appellant allowed her to go. The entire incident was narrated by the prosecutrix to her mother and when her father came back then she lodged the FIR.
(3.) The prosecutrix was sent for medical examination. Spot map was prepared and accused was arrested. He too was got medically examined and after completing the investigation the police filed the charge sheet against the appellant for offences punishable under Section 376 of IPC.