RUPESH KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Sessions Judge, jabalpur in S. T. No. 736/04, decided on 23. 6. 05.

(2.) APPELLANT has been convicted under Section 376 (1), 323 of IPC and sentenced to rigorous imprisonment for five years with fine of Rs. 1000/-, in default simple imprisonment for three months, and rigorous imprisonment for three months for the respective offences. Both the sentences were directed to run concurrently.

(3.) ACCORDING to prosecution, on 11. 9. 04 about 2'o'clock in the noon at village Amkhera, when prosecutrix was going to the field to give tiffin to her husband, appellant met her near the field of Vijay Patel, pushed her, fell her down and committed forcible sexual intercourse with her. On protest, appellant gagged her mouth and pressed her throat, caused hurt to her and fled away. When Kalawati, while passing by, saw the prosecutrix lying in the mud in the field, she informed the husband and brother of the prosecutrix. She was then taken to the Police Station Gohalpur, where she lodged the FIR of the incident, 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 medically examined and was found capable of performing sexual act. The petticoat, underwear and sari of the prosecutrix and her vaginal slide prepared during her medical examination as well as underwear of the appellant and his semen slide were seized by the Police and were sent for chemical examination. After due investigation, appellant was prosecuted under Section 376, 323 of IPC and was put to trial.