LAWS(MPH)-2018-7-112

SATISH Vs. STATE OF MADHYA PRADESH

Decided On July 19, 2018
SATISH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved by the judgment dated 23.7.2016 passed by IInd Additional Sessions Judge, Balaghat in S.T.No.46/2015 whereby the appellant has been convicted under Section 363 of the I.P.C. and sentenced to undergo R.I. for 3 years along with fine of Rs. 2,000/-; in default of payment of fine, additional 21 months R.I., under Section 366 (A) of the I.P.C. and sentenced to undergo R.I. for 5 years along with fine of Rs. 2,000/-; in default of payment of fine, additional 30 months R.I., under Section 376 (2) (N) of the I.P.C. and sentenced to undergo R.I. for 10 years along with fine of Rs. 2,000/-, in default of payment of fine, additional 30 months R.I., under Section 506 of the I.P.C. and sentenced to undergo R.I. for 1 year along with fine of Rs. 2,000/-; in default of payment of fine, additional 3 months R.I. and under Section 4 of POCSO Act and sentenced to undergo R.I. for 10 years along with fine of Rs. 2,000/-; in default of payment of fine, additional 30 months R.I.

(2.) In brief, the facts of the case are that on 10.11.2014, the appellant committed repeated rape with the prosecutrix who was aged nearabout 16 ' years and also threatened her to life. About the incident in Police Station Birsa, District Balaghat, Crime No. 151/2014 was registered and after investigation charge sheet was filed for the offence under Sections 363, 366, 376 (2)(i), 506 of IPC and Section 4 of the POCSO Act before the JMFC Baihar who committed the case to the court of Sessions Judge and the case was tried by the Additional Sessions Judge. During the trial, charges were framed against the appellant with regard to commission of the aforesaid offences.

(3.) Appellant abjured the guilt and pleaded innocence and claimed to be tried. In defence no evidence have been adduced.