KAMLESH Vs. STATE OF MP

JUDGEMENT

(1.) This criminal appeal under Section 374 of CrPC has been filed against the judgment and sentence dated 30th June, 2007 passed by Second Additional Sessions Judge (Fast Track Court), Sheopur in Sessions Trial No.49/2006, by which the appellant has been convicted under Section 376(1) of IPC and has been sentenced to undergo the rigorous imprisonment of seven years and a fine of Rs. 2,000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that the prosecutrix on 03/02/2006 at about 06:00 in the morning, had gone to answer the call of nature. After noticing the prosecutrix, the appellant came nearer to her and gagged her mouth and dragged her in the field where the mustard crop was standing and committed rape on her after throwing her on the ground. When the prosecutrix raised alarm, then the appellant ran away towards his house and the relatives of the prosecutrix, namely, Mukesh, Phoola Bai and Kailash Rathor noticed that the appellant is running away. The entire incident was narrated by the prosecutrix to her husband. Thereafter, the prosecutrix lodged the report, which was registered as Crime No.43/2006, ExP3. Spot map Ex.P4 was prepared. The prosecutrix was sent for medical examination. The statements of the witnesses were recorded. The appellant was arrested vide arrest memo Ex.P8. The appellant was got medically examined and his MLC report is Ex.P1, whereas the MLC report of the prosecutrix is Ex.P The slide was prepared.

(3.) The trial Court by order dated 12/12/2006 framed the charge under Section 376(1) of IPC.