DAMESHWAR KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Accused/appellant stands convicted under Section 376 of IPC for having committed forcible sexual intercourse against the wishes of prosecutrix Ganga Bai and has been sentenced to undergo R.I. for seven years and to pay fine of Rs. 2,000/(Rupees Two thousand only), in default to undergo further R.I. for three months, by judgment dated 16-10-1997 in Sessions Trial No. 275/1995 by lInd Additional Sessions Judge, Durg.

(2.) The prosecution case stated in brief is that about 8 months prior to 8-1-1994 the prosecutrix Ganga Bai came out of her house at night time to ease herself. The accused/appellant came there and by threat and force dragged her to the grain yard of Kisnath. He committed sexual intercourse with prosecutrix. Thereafter he assured the prosecutrix that he would be marrying her. The accused/appellant thereafter continued to have sexual relations with the prosecutrix. The prosecutrix Ganga Bai became pregnant. The accused/appellant wanted that the pregnancy should be, terminated. However, Ganga Bai did not agree to the above proposal. Therefore, a meeting (Baithka) in the village was held. In that meeting, appellant denied that Ganga Bai was pregnant by him and alleged that some Domar and Ganesh were responsible for her pregnancy. Prosecutrix Ganga Bai lodged report (Ex. P-I) of the incident at Police Station, Patan. Distt. Durg. on the basis of which offence was registered. Ossification test of prosecutrix was conducted. It was opined that she was more than 18 years of age. Ossification test report is Ex. P-7. After concluding investigation charge-sheet was filed against the accused/appellant.

(3.) Learned Trial Court framed charge under Section 376 of IPC against the accused/appellant. He abjured guilt. The learned Trial Court held that the accused/appellant had committed sexual intercourse without the consent of prosecutrix and accordingly accused/ appellant was convicted and sentenced.