(1.) This criminal appeal under Section 374(2) of Cr.P.C. has been filed against the judgment dated 26.08.2006 passed by 4th Additional Sessions Judge (Fast Track), Shivpuri in Sessions Trial No. 127/2006, by which the appellant has been convicted for an offence under Section 376 of IPC and has been sentenced to undergo the life imprisonment.
(2.) The necessary facts for the disposal of the present appeal, in short, are that on 11.03.2006 at about 05:30 PM, a report was lodged by the complainant Kamal Singh (PW-1) to the effect that his cousin brother Rajesh had called him at about 05:30 PM and informed that the prosecutrix is lying in a pool of blood near Luharpura culvert. The complainant went to the place of incident along with his cousin brother Rajesh and found that the prosecutrix was lying in a pool of blood and had multiple injuries on her body and bleeding was going on from her private part. Some unknown persons had committed rape on her. The police on the basis of statement of the witnesses as well as the Test Identification Parade of the appellant filed the charge-sheet for an offence under Section 376 of IPC.
(3.) The Trial Court by order dated 10.06.2006 framed charge under Section 376 of IPC. The appellant abjured his guilt and pleaded not guilty.
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