LAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is filed under section 374(2) of the Code of Criminal Procedure, 1973 being aggrieved by the order of conviction and sentence, dated 12-5-2014, passed by the learned Second Additional Sessions Judge, Khandwa, District Khandwa in S.T. No.36/2014 [State of M.P. Vs. Lalsingh Krishnakant], whereby the accused-appellant has been convicted under Sec. 376 of the Indian Penal Code [for short 'the IPC'] and sentenced to undergo rigorous imprisonment for 10 years and payment of fine of Rs. 5000.00, in default, to suffer further rigorous imprisonment for three months.

(2.) Filtering unnecessary details, the prosecution case, briefly stated, is that an incident had taken place on 14-11-2013 at about 11:00 AM. It is alleged by the prosecution that when the prosecutrix went to the field known as "Doodhdairy" along with her children to collect Soyabean scattered in the field, the appellant came over there, caught hold of her from backside, threw her on the ground and thereafter sexually assaulted her. He also intimidated to her life. Report to that effect, vide Ex.P/5 was lodged at the Police Station concerned and offence punishable under sections 376 and 506 of the Penal Code were registered against the accused-appellant and criminal law was set at motion.

(3.) The prosecutrix was sent for medical examination and the MLC report is Ex.P/3. Spot map was prepared which is Ex.P/6. The accused was arrested, vide arrest memo Ex.P/8 and he was also sent for medical examination. The medical report is Ex.p/4. His undergarments, pubic hair and slides of private parts were seized and the same were sent to the Forensic Lab for analysis. The FSL report is Ex.P/12.