PILLARAM Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Pillaram has been convicted under section 354 Indian Penal Code and sentenced to find of Rs. 5,000/ - in default of payment of fine he has been sentenced to rigorous imprisonment for six months, for using criminal force on Kayabai (PW 1) with intent to outrage her modesty.

(2.) THE prosecution case was that on 28.9.1986 at about 1.30 p.m. complainant Kayabai (PW 1) was in her field in village Barapipar, Police Station Dabhra, District Bilaspur She was alone. Accused Pillaram came to her and made an overture that he wants to have sexual intercourse with her. He took her to a nearby trac, made her fall on the ground and committed rape on her, she cried. Her aunt -in -law Dewantibai (PW 2) reached there and she saw the accused committing rape on Kayabai (PW 1). She lodged the report Ex. P -2 at Dabhra Police Station on 28.9.1996 at 5.30 P.M. and this report was however registered under section 354 IPC. It was not faithfully recorded. A copy of this report was given to her husband and he took it to the village. It was read by some persons and than it was revealed that it has not been properly recorded. On 5.10.1996 she presented a complaint to the SDO (Police), Sakti, District Bilaspur and that is Ex. P -1. On the basis of this report investigation was made and the charge -sheet under section 376 IPC was filed.