SURESH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has preferred this appeal against his conviction and order of sentence passed by Session Judge, Betul in S.T. No.18/ 94, decided on 2.5.94.

(2.) Appellant has been convicted under Section 376 of IPC and sentenced to rigorous imprisonment for seven years by the impugned judgment.

(3.) According to prosecution, on 24.12.93, prosecutrix was going to Betul by bus alongwith her husband in search of work. Prosecutrix and her husband had to get down from the bus, as her husband had vomits. When he got better, both prosecutrix and her husband boarded the milk van driven by the appellant for reaching their destination. On way at village Theska, appellant offered them food at his nearby house and also brought food. After they finished their food, appellant asked the husband of the prosecutrix to go and sleep in the bus, but did not allow the prosecutrix to go with her husband. After her husband had gone to sleep in the bus, appellant forcibly committed sexual intercourse with the prosecutrix. Prosecutrix narrated the whole incident to her husband when she met him in the morning and lodged the FIR at Police Station, Jhallar. On the basis of her report, an offence was registered against the appellant and was investigated. Prosecutrix was sent for medical examination. On the arrest of the appellant, he was also sent for medical examination. The petticoat of the prosecutrix and 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 forensic examination. After due investigation, appellant was prosecuted under Section 376 of IPC and was put to trial.