MUNNALAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15.7.1986 passed by the lind Additional Sessions Judge, Ujjain in Sessions Trial No. 75 of 1986 whereby the appellant has been convicted under sections 326 and 342 of the Indian Penal Code and sentenced to rigorous imprisonment for 3 years and 3 months respectively, sentences to run concurrently.

(2.) Circumstances giving rise to this appeal are these. Ahilyabai (P.W. 2), the victim of the offences is married to Bhanwar, the son of the appellant. The said Bhanwar is half-mad. Earlier the appellant had attempted to commit sexual intercourse with Ahilyabai but he had been unsuccessful. Thereupon she had desired to go back to her parental home. The appellant assuring her to take her there had on the date of occurrence taken her with him. On the way he tried to persuade her not to go to her parental home. She, however, did not agree. Thereupon he chopped off her nose, brought her back and confined her in his house. He committed rape on her and on being asked by her had gone to can her mother-in-law after bolting the house door from outside.

(3.) In her turn Ahilyabai got the door opened and went to the Chowkidar but he was not available. She then went to the village Pipalya where her sister resides. She narrated the incident to her. Thereupon her sister and the sisterTs father-in-law took her to the police station and the First Information Report was lodged. On the basis of the report a crime was registered and investigation was set afoot.