RAM CHARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed the present appeal challenging the judgment dated 28/11/2005 passed by the 1st Additional Sessions Judge, Raisen in Sessions Trial No.216/2005 thereby convicting the appellant for committing an offence under Sections 376, 450 & 506-B of the IPC with R.I. for 7 years and fine of Rs.500/-, 5 years with fine of Rs.500/- and 1 year and fine of Rs.200/- respectively.

(2.) In short the prosecution story is that on 19/01/2005 her brother-in-law Ramcharan came to her house at about 12 O'clock in the night. He knocked the door and entered into the house and committed an offence of rape against her. She immediately lodged an FIR against the appellant. On the basis of the report submitted by the perosecutrix, a case has been registered against the appellant under Sections 450, 376 & 506 of the IPC. Thereafter, police has filed the challan before the competent Court. Since the matter is under trial to the Court of Session, therefore, the same was committed to the Sessions Court from where it was received by the trial Court for trial.

(3.) During the trial, the prosecution has examined the prosecutrix as well as Dr. Pratibha (PW-7). The statement given by the prosecutrix was corroborated by the medical report. Thus, on the basis of these evidence, the trial Court has convicted the appellant for committing an offence under Sections 376, 450 & 506-B of the IPC. In my opinion, the findings recorded by the trial Court is just and proper, therefore, I do not find any reason to interfere into the findings given by the sessions Court. The conviction of the appellant imposed by the trial Court is hereby upheld. During the pendency of this appeal, the appellant was not enlarged on bail and he has already completed the jail sentence of seven years, therefore, no further orders for conviction is required to be passed.