CHHOTELAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) ACCUSED /appellant stands convicted for offence punishable under section 376 of IPC for having committed sexual intercourse with prosecutrix Sangeeta and he has been sentenced to undergs RI for 10 years and to pay fine of Rs. 500/ - by judgment dt. 30.3.98 in S.T. No. 68/97 by Sessions Judge, Sidhi.

(2.) THE prosecution case stated in brief is that prosecutrix Sangeeta (PW 3) is the wife of Lalai (PW 5). On the date of incident i.e. 19.5.97 at 2.00 p.m. while she was alone in her house, the accused/appellant entered her house and after gagging her with a piece of cloth the accused/appellant forcibly committed sexual intercourse with her. On Sangeeta shouting for help Sitaram and others came on the spot, whereupon accused/appellant ran away. Prosecutrix Sangeeta (PW 3) narrated the incident to her husband who returned on the same evening at 8.00 p.m. Report of the incident (Ex. P -3) was lodged by the prosecutrix on the next day of the incident, i.e. 20.5.97 at Police Station Bargawa, District Sidhi.

(3.) LEARNED trial Court framed charge under section 376 of IPC against the appellant. He abjured guilt. According to him he has been falsely implicated on account of his enmity with Chhotelal Singh Baghel, who is the employee of prosecutrix Sangeeta (PW 3) and her husband Lalai (PW 5).