THAKUR DEEN KORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment dated 26/11/2007 passed by V Additional Sessions Judge (Fast Track), Rewa in ST.No.07/2007, whereby learned Sessions Judge found the appellant guilty for the offence punishable under Section 376 of the IPC and sentenced him to undergo R.I. for seven years with fine of Rs.1,000/- with default stipulation.

(2.) Brief facts of the case are that on 15/12/2006 at 2:00 P.M. when the prosecutrix (PW/11) (her name and identity imposed by law contained in Section 228A of IPC is not disclosed) was alone at her house situated at Village Maidani, District Rewa and her husband Satyanarayan Vishwakarma (PW/9) had gone to Radha Mohan School. The appellant entered into the prosecutrix house and caught hold her and throw down her on the bed and committed rape with her. Appellant also threatened her to kill if she narrated the incident to anybody and went out from her house. Thereafter, prosecutrix informed her husband on mobile about the incident. On that, her husband came to the house and thereafter prosecutrix and her husband went to the house of Ramnaresh Singh (PW/6), who was an Advocate and narrated the incident to him. After that prosecutrix went to Police Station Chorhata, District Rewa and lodged the report (Ex.P/9), which was written by B.D. Tripathi (PW/13) the then S.H.O., Police Station Chorhata, District Rewa and Crime No.353/06 was registered for the offence punishable under Sections 376, 506 B of the IPC against the appellant. During the investigation of that crime B.D. Tripathi (PW/13) went to the spot and prepared spot map (Ex.P/5). He also sent the prosecutrix for medical examination to the District Hospital, Rewa, where Dr Kiran Bala Mishra (PW/1) examined her and gave report (Ex.P/1). She also prepared the slides of her vaginal swab and also seized petticoat and underwear, which were wore by the prosecutrix at the time of her examination and sent it to Police Station Chorhata through Constable Ramesh pratap(PW/8) in a sealed packet, which was seized by Head Constable Shripal (PW/4) and prepared seizure memo (Ex.P/2).

(3.) Learned V ASJ (Fast Track), Rewa framed the charges under Section 376, 506-II of the IPC against the appellant and tried the case. Appellant abjured his guilty and took the defence that he has falsely been implicated in the case. However, after the trial learned V Additional Sessions Judge acquitted the appellant from the charge punishable under Section 506-II of the IPC, but found him guilty for the abovementioned offence and sentenced him as aforesaid. Being aggrieved by the impugned judgment appellant has preferred this appeal.