BASUDEV KORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal under Section 374 (2) of Cr.P.C. being aggrieved by the judgment dated 07.03.2013, passed in Sessions Case No.248/2012, by the IInd ASJ (FTC) Amarpatan District Satna whereby, the appellant has been convicted and sentenced under Section 376 of IPC and sentenced to undergo imprisonment for 7 years with fine of Rs.3,000/- along with default stipulation.

(2.) Prosecution story, in short, are that the appellant is father-in-law of the prosecutrix. On 29.05.2012, her husband and mother-in-law went outside the house for some work, she was alone in the home and preparing the Bidi. The appellant came in the house and asked for glass of a water, she provided the water to him and thereafter, she was again engaged in preparing the Bidi. The appellant caught hold the prosecutrix and dragged her in a room and forcibly committed rape upon her and threatened her if she narrated the incident, he will kill her. When her husband and mother-in-law came back, she narrated the whole story to them, but they did not pay any attention and told the prosecutrix not to narrate the incident to anyone. The prosecutrix feel shame and consumed some poisonous substance and after that made a call to her father. Her mother-in-law also felt aggrieved by this act and she also consumed poisonous substance. Prosecutrix admitted in the Hospital and narrated the story to the doctor. Dr. send her to the Government Hospital police came over there and asked for the incident and prepared Dehati Nalishi (Ex-P-1) and send the prosecutrix for examination. At the time of incident, prosecutrix was having the pregnancy of more than 8 months.

(3.) (Pw-7) R.N. Mishra recorded (Ex-P-1) and registered the original FIR Ex.P-9 at Police Station Amarpatan District Satna on 02.06.2012 Crime No.220/2012 has been registered against the appellant. After completion of investigation, filed a charge-sheet in the Court of JMFC Amarpatan registered as Cr. Case No.649/2012 and vide order dated 24.08.2012 case has been committed to the Sessions Court for trial. The trial Court IInd ASJ (FTC) link Court at Amarpatan framed a charge against the appellant for the offence punishable under Sections 376 and 506 Part-II of IPC. The appellant abjured the guilt and preferred for trial.