ATMARAM Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 of Cr.P.C. against the judgment dated 30.11.2015 passed by 5th Additional Sessions Judge, Gwalior in S.T.No. 622/2014 by which the appellant has been convicted under Section 376 of IPC and has been sentenced to undergo rigorous imprisonment of 10 years and a fine of Rs. 10,000/- with default imprisonment.

(2.) The prosecution story in short is that on 23.9.2014 the prosecutrix lodged a FIR that one multi storey building of Ramnivas Sharma is under construction on Mela Road, Gwalior where she along with her husband are working as a laborer. On the date of the incident she was sleeping along with her husband on the second floor of the building whereas the appellant was sleeping on the first floor of the building. In the morning at about 4:30 AM, the prosecutrix got up when she realized the appellant is committing rape on her and, therefore, pushed the appellant. Thereafter she along with her husband caught hold the appellant and took him to the Chowkidar. The husband of the prosecutrix called the police personnels who were deputed at nearby place and appellant was handed over to the police. The prosecutrix, her husband and the appellant were brought to the police station and accordingly FIR was lodged. The prosecutrix was sent for medical examination and and the police after recording the statements of the witnesses filed the charge sheet after completing the investigation.

(3.) The Trial Court by order dated 18.11.2014 framed the charge under Section 376 of IPC.