HARAKH CHAND Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Sessions Judge, Khandwa in S. T. No. 228/92, decided on 1. 10. 94.

(2.) APPELLANT has been convicted under Section 376 of IPC and sentenced to rigorous imprisonment for three years with fine of Rs. 500/-, in default further rigorous imprisonment for fifteen days, by the impugned judgment.

(3.) ACCORDING to prosecution, on 31. 8. 90 about 11 'o'clock in the morning at village Moondi, prosecutrix had gone towards the colony road for grazing her cattle. Her goats, while grazing, had gone towards the appellant's field. Appellant was also grazing his cattle in his field. When prosecutrix went to the field of appellant to bring back her goats, appellant came to her, caught hold of her hands, fell her on the ground and forcibly committed sexual intercourse with her. Prosecutrix shouted for help, but nobody came to her rescue, as none was present there. After committing sexual intercourse, appellant threatened and intimidated the prosecutrix not to disclose the incident to anyone. Prosecutrix somehow came back to her house and narrated the whole incident to her father and other family members. Her father took her to the Police Station to lodge the report. On the basis of her report, an offence was registered at Police Station Moondi against the appellant and was investigated. Prosecutrix was sent for medical examination. She was also sent for radiological examination for confirmation of her age. On being arrested, appellant was also sent for medical examination. The petticoat and vaginal slide of the prosecutrix and underwear and seminal slide of the appellant collected during medical examination were seized by the Police and sent for forensic examination. After due investigation, appellant was prosecuted under Section 376, 506 of IPC and was put to trial.