SHAILENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) ASSAIL is to the judgment dated 22. 9. 2005 passed by additional Sessions Judge (Fast Track Court), Amarpatan District satna in S. T. No. 331/04, whereby the appellant Shailendra singh has been convicted punishable under Section 376 of IPC and sentenced to undergo seven years Rigorous Imprisonment and fined Rs. 1,000/- in default three months Simple imprisonment.

(2.) CASE of the prosecution in short is that on 8. 2. 2004 in intervening night at about 12:00 O'clock the prosecutrix was in her teen shaded house, the appellant knocked the door of the house of the prosecutrix, she opened the door. By pushing the door, the appellant entered in the house of the prosecutrix and committed rape with her. Thereafter, he fled away from the spot. Written FIR (Ex. P/1) was lodged on 15. 2. 2004 by the prosecutrix (PW-1) in Police Station, Ramnagar and case was registered as per Ex. P/2. Prosecutrix was medically examined by Dr. Sudha Jain (PW-9 ). One peace of cloth, one underwear and one salwar were seized as per seizure memo (Ex. P/4) from the prosecutrix. Spot map (Ex. P/5) was prepared. Statement of witnesses were recorded under Section 161 Cr. P. C. The appellant shailendra Singh was apprehended. He was medically examined by Dr. R. P. Garg (PW-2 ). Slide from the vaginal smear of the prosecutrix and semen slide of the appellant were prepared by respective doctors. Sealed articles were sent to FSL, Sagar for chemical analysis. On piece of cloth and semen slide of the appellant, semen and spermatozoa were found. After completion of investigation, the appellant was charge sheeted. Case was committed to the court of Sessions for trial.

(3.) LEARNED trial Court framed charge under section 376 of IPC against the appellant. The appellant abjured the guilt and pleaded innocence. Defence of the appellant is that on previous occasion also the prosecutrix lodged false report against him. He faced trial and ultimately acquitted of charge of rape. Due to political rivalry, he has been falsely implicated.