BALLU @ BALRAM Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has preferred this appeal under section 374 (2) of the Code of Criminal Procedure, feeling aggrieved by the judgment of conviction and sentence dated 21.1.2008 passed by First Additional Sessions Judge, Vidisha in Sessions Trial No. 164/07, whereby the appellant-accused has been found guilty under sections 457 and 376 of IPC and sentenced to five years RI with a fine of Rs. 5,000/- and 10 years RI with a fine of Rs. 25,000/-. Both the sentences are ordered to run concurrently.

(2.) BRIEFLY stated the facts of the case are that it is alleged that on 7.5.2007 at about 8:30 p.m. the complainant-prosecutrix together with her father went to the Police Station at Pathari, district Vidisha, and lodged the report against the appellant-accused for commission of offence of rape on her on the previous night, on which basis the police had registered a case under sections 457 and 376 IPC, sent the complainant-prosecutrix for medical examination to the hospital where Dr. (Smt.) S. Lal (PW 9) examined the complainant-prosecutrix and after examination proved the report Ex. P-6; also prepared slides of vaginal discharge; seized the undergarments of the complainant-prosecutrix and after sealing it handed over to the Police Constable for its chemical examination by the Forensic Science Laboratory (FSL) and proved the report Ex. P-6. After due investigation the charge sheet had been filed.

(3.) HAVING heard the learned counsel for the appellant as well as the learned Public Prosecutor appearing for the State and perused the record.