GOURI SHANKAR LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Section 374 (2) of the Cr.P.C being aggrieved by the impugned judgment of conviction and order of sentence dated 26.2.1998 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Tikamgarh in S.T. No.152/97 whereby the appellant has been convicted for commission of offence punishable under Section 376 of the I.P.C and Section 3(1)(xi) of the SC/ST (Prevention of Atrocities )Act and sentenced to undergo R.I. for 7 years along with fine of Rs. 5000 and sentenced to RI for one year with fine of Rs. 1000/- respectively, with default stipulation.

(2.) Prosecution case, in brief, is that the prosecutrix is a member of the scheduled caste community and on 27.1.1996 nearabout 2 O' clock in the night, the appellant who does not belong to SC/ST community, entered into the house of the prosecutrix when she was all alone, switched off lights, gagged cloth into her mouth, brought her out, forcefully undressed her and committed rape with her. Then he fled away. The husband of the prosecutrix was working in Delhi to earn his livelihood. He was called back and when he returned back to the village, the prosecutrix narrated the entire incident to him. The husband of the prosecutrix enquired about the incident to the appellant on which the appellant threatened him to life. Thereafter, on 5.1996 the prosecutrix lodged a written complaint at Police Station Baldevgarh district Tikamgarh on the basis of which FIR, Ex.P/7, was registered vide No.21/96 for the offence punishable under Section 376 of the I.P.C and Section 3(1)(xi) of the SC/ST (Prevention of Atrocities )Act. The prosecutrix was sent for medico-legal examination. After completion of investigation, charge-sheet was filed before the Court of Special Judge, Tikamgarh.

(3.) During trial, the trial Court framed the charges against the appellant. The appellant abjured the guilt and claimed to be tried. His defence was that he is innocent and has been falsely implicated. The trial Court after completion of trial found the appellant guilty of the offence and convicted and sentenced him as aforementioned.