MANDAN SINGH GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 22.3.2013 passed by the XIX Addl. Sessions Judge, Jabalpur, District Jabalpur, in S.T.No.589/2011 whereby the appellant has been convicted for the offence under Section 450 and 376 of the IPC and sentenced to undergo RI for 10 years along with fine of Rs.500/-, and R.I. for 10 years along with fine of Rs.500/-, with default stipulations, directing that both the sentences to run concurrently.

(2.) The prosecution case, in brief, is that on 31.7.2011 at 4 PM at village Gangai Police Station Kundam district Jabalpur, when the parents of the prosecutrix returning back from the agricultural field they saw that the appellant and the prosecutrix were undressed and the appellant was committing sexual intercourse with her. They dragged the appellant and got separated from the prosecutrix. The prosecutrix was mentally retarded and at the time of incident she was alone at home. The parents of the prosecutrix caught hold the appellant and after hearing the hue and cry, neighbours were collected and tied the appellant who was in drunken condition, with the pole and thereafter he was taken to the Police Station Kundam and FIR was lodged by the parents of the prosecutrix which is Ex.P/4.

(3.) After due investigation, a charge sheet was filed before the concerned JMFC, who committed the case to the Court of Sessions, Jabalpur. The court of XIX Addl. Sessions Judge, Jabalpur, District Jabalpur framed the charge against the appellant for the offence under section 450 and 376 of the I.P.C. The appellant abjured the guilt and claimed to be tried. His defence was that he is the nephew of Kalabai (DW-1) who is the wife of Kuwar Singh (PW-5) who is the brother of father of the prosecutrix Raghuveer Singh (PW-3). There is enmity between them. Hence, he has been falsely implicated.