BALRAM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been filed by the appellant assiling his judgment of conviction and order of sentence dated 10/12/2002 passed by learned Additional Sessions Judge, Mungawali, District Guna in Sessions Trial No. 37/1999 convicting the appellant for the offence punishable under Section 376 of IPC and thereby sentencing him to suffer seven years rigorous imprisonment and fine of Rs. 1,000/- and in default to suffer further simple imprisonment of one month, this appeal has been filed under Section 372 (2) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of prosecution is that prosecutrix along with her friend Nirmal and Vimal went to evacuate in the open field at 6 p.m. in the evening. At that juncture, it is said that appellant-Balram and other two acquitted co- accused, namely, Nandram and Gangaram arrived there. It is said that acquitted co-accused Nandram and Gangaram stayed nearby the temple and appellant after catching hold of the hands of the prosecutrix carried her behind the Khadera (dilapidated building). It is said that appellant threw prosecutrix on the ground and after putting off her clothes, he put off his own clothes and against the will and wishes of the prosecutrix committed rape over her. It is the further case of prosecution that when the prosecutrix tried to scream, appellant gagged her mouth.

(3.) AFTER the investigation was over, a charge sheet was filed in the committal Court, which on its turn committed the case to the Sessions Court and from where it was received by the trail Court for trial.