BHANU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by First Additional Sessions Judge, teekamgarh in S. T. No. 137/91, decided on 25. 2. 94.

(2.) APPELLANT has been convicted under Section 376, 506-B and 323 of IPC and sentenced to rigorous imprisonment for four years, six months aad three months respectively by the impugned judgment. All the sentences were to run concurrently.

(3.) ACCORDING to prosecution, on24. 5. 91 about 10 'o'clock in the morning, when prosecutrix had gone to her 'beda' (an enclosure) to collect the logs, appellant bhanu Singh came inside her 'beda', finding her alone, fell her on the ground and forcibly committed sexual intercourse with her. When prosecutrix shouted for help, appellant gagged her mouth and threatened to kill her if she shouted. On being informed of the incident, prosecutrix's husband Heeralal and his brothers bansilal and Parikshat reached there. Then appellant left the prosecutrix and fled away from 'beda'. While fleeing he assaulted her husband Heeralal and his brothers by farsa and caused hurt to them. The FIR of the incident was lodged by the prosecutrix at Police Station, Lidhora. On the basis of her report, an offence was registered against the appellant and was investigated. Prosecutrix, her husband and his brothers were sent for medical examination. On being arrested, appellant was also medically examined and found competent to perform the sexual act. The petticoat of the prosecutrix and her vaginal slide prepared during her medical examination as well as underwear of the appellant and his semen slide were seized by the Police and were sent for chemical examination. After due investigation, appellant was prosecuted under Section 376, 323, 324 and 506-B of IPC and was put to trial.