VINOD KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) Challenge is to the judgment dated 18.02.1994 passed by Additional Sessions Judge, Dindori, District Mandla in S.T. No. 87/91 whereby the appellant Vinod Kumar has been convicted u/s 366A and 376 of the IPC and sentenced to suffer 5 years rigorous imprisonment and fine of Rs.1,000/- and 7 years rigorous imprisonment and fine of Rs.1,000/- in default 6 months rigorous imprisonment to each count.

(2.) The case of the prosecution, in short, is that on 14.1.1991 at about 8-9 p.m. Prosecutrix (PW 7) went to call of nature. She was returning back to her house. On way to the house the appellant Vinod Kumar caught her hold and took her forcibly to Amarkantak road. Next morning the appellant took the prosecutrix by bus to Amarkantak and then Anooppur. The appellant kept prosecutrix in his rented house. The appellant committed rape with the prosecutrix in the house. He committed rape with prosecutrix for three days and three nights. Ram Gopal her cousin and brother-in-law rescued her and took her to Manikpur. FIR was lodged on 8.2.1991 in police station Samnapur. Prosecutrix was medically examined, she was x-rayed. Slides were prepared from her vaginal smear. Her sari was seized. Seized articles were sent for chemical analysis. Statements of witnesses were recorded u/s 161 of Cr.P.C. After completion of investigation, the appellant was charge-sheeted. The case was committed to the courts of session for trial.

(3.) Learned trial Court framed charge u/s 366A and 376 of IPC. The appellant abjured the guilt and pleaded innocent and false implication. His defence is that due to enmity he has been falsely implicated.