LAWS(MPH)-2009-3-29

CHHOTE RAJA Vs. STATE OF MADHYA PRADESH

Decided On March 04, 2009
CHHOTE RAJA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Additional sessions Judge, Khurai, District Sagar in S. T. No. 243/93 decided on 30. 11. 94.

(2.) APPELLANT has been convicted under Section 376 (1) of IPC and sentenced to rigorous imprisonment for five years with fine of Rs. 1000/-, in default simple imprisonment for three months, by the impugned judgment.

(3.) ACCORDING to prosecution, on 9. 08. 93 about 2 'o'clock in the noon at village Bagela, when the prosecutrix was working in Soya bean field, appellant Chhote Raja came there, caught hold of her hands, dragged her towards the bush and forcibly committed sexual intercourse with her. Prosecutrix objected and shouted for help, but no one was there to come to her rescue. After committing sexual intercourse, appellant fled away. Prosecutrix came back to her house and narrated the whole incident to her mother-in-law and thereafter to her husband when he was back home from the village. The FIR of the incident was lodged by the prosecutrix next day at Police Station, Baadri, on the basis of which an offence was registered against the appellant and was investigated. Prosecutrix was sent for medical examination. On being arrested, appellant was also sent for medical examination. The vaginal slide and petticoat of the prosecutrix as well as semen slide and underwear of the appellant collected during medical examination were also seized by the Police and sent for forensic examination. After due investigation, appellant was prosecuted under Section 376 of IPC and was put to trial.