SAUDAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT has filed this appeal under Section 374(2) of Cr.P.C, feeling aggrieved by the judgment of conviction and sentence dated 13-09-05 rendered by the Additional Sessions Judge Ganjbasoda Distric Vidisha in S.T.No.185/04 whereby the appellant/accused has been found guilty for commission of offence under Section 376 of IPC and sentenced to ten years R.I. with fine of Rs. 10,000/-. In default of payment of fine further ordered to suffer imprisonment of two years.

(2.) BRIEFLY stated, the facts of the case are that on 16-08-04 the complainant/ prosecutrix admitted to be a major and married lady went to her field to cut grass, at that time at about 4 PM in the evening, it is alleged that the present appellant came there and caught hold the hands of the complainant and threw her on the ground and thereafter it is alleged that the appellant/accused had committed rape on the prosecutrix and thereafter, threatened her not to state about the incident to anybody, then complainant returned back to home and narrated the incident to her husband and then on next day FIR was lodged at Police Station, Nateran District Vidisha on which basis police had registered a case under Section 376 of IPC and sent the complainant/prosecutrix for medical examination to the hospital where the lady doctor Anuradha Chaudhary (PW-6) examined the prosecutrix and prepared two slides from vaginal discharge of prosecutrix and opined that the prosecutrix is a major and married lady and no opinion about the forcible rape can be given and proved the report Ex-P/4. During the investigation police prepared a spot map and recorded the statement of the witnesses and arrested the accused and after investigation charge sheet has been filed.

(3.) LEARNED trial Court after due appreciation of the evidence, held the appellant guilty for commission of offence punishable under Section 376( 1) of IPC and sentenced him as stated herein above. Feeling aggrieved by which, appellant has preferred this appeal.