BOODHE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 20.7.1998 passed by the Sessions Judge, Damoh, in S.T.No.169/1997 whereby the appellant has been convicted for the offence under Sections 376(1) of the IPC and sentenced to undergo RI for 8 years with fine of Rs.5,000/-, in default of payment of fine, further R.I. of six months.

(2.) The prosecution case, in brief, is that on 16.7.1997 at about 4 PM, when the prosecutrix, PW1 alone was going towards garden to answer the call of nature in village Jhagri on the way near a tree she met with the accused armed with axe, who stopped her with bad intention asked that he wants sexual intercourse with her. Prosecutrix, PW1, scolded him, then appellant accused caught hold her right hand, threw away his axe, threw down the prosecutrix, lifted the saree of the prosecutrix and committed rape with her. The prosecutrix screamed, then appellant threatened to kill her by axe due to which she did not shout. After committing rape, appellant fled away. The prosecutrix returned back to her house and narrated the entire incident to his mother-in-law Kashibai, PW2 and sister-in-law Kallubai, PW3. Her husband was not at home, when he came back next day i.e. 17.7.1997, information of the incident was given at Police Station Pathariya, on the basis of which First Information Report, Ex.P/1, was lodged and crime no.138/1997 was registered against the appellant for the offence punishable under sections 341, 376 and 506-B of the I.P.C. and the matter was investigated. The prosecutrix was sent for her medico legal examination. Dr.Mithilesh Shrivastava (PW-6) examined her at W.S.District Hospital, Damoh and gave her report Ex.P-6. Spot map was prepared. Appellant was arrested on 24.7.1997 and his medical examination was conducted by Dr.D.P.Sharma, PW4. He gave his report, Ex.P/4. One axe was recovered at the instance of the appellant vide seizure memo, Ex.P/7. After due investigation, a charge sheet was filed before the concerned JMFC, who committed the case to the Court of Sessions. The court of Sessions Judge, Damoh, framed the charge against the appellant for the offence under sections 376(1) of the I.P.C. The appellant abjured the guilt and claimed to be tried. His defence was that he has been falsely implicated on account of enmity with the family of the prosecutrix.

(3.) The learned court below after appreciating the oral as well as documentary evidence on record arrived at the conclusion that the appellant has committed sexual intercourse with her without her consent and will. Hence, convicted the appellant under section 376(1) and sentenced him, as mentioned above.