BAHADURSINGH ALIAS BAHADURSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant (hereinafter called 'accused,) challenged his conviction u/S.376 I.P.C. and sentence of three years R.I. and fine of Rs. 200/-, in default one month simple imprisonment, awarded by First Additional Sessions Judge, Mandleshwar, by his judgment dated 3-2-1986.

(2.) The accused was prosecuted by P. S. Balwada. The case against the accused was that on 1-2-1985, prosecutrix Musamat Kaweribai (P.W. 1) had gone to the field to graze her cattle. Her husband on that day had gone to village Neemsar. The accused had also come there for grazing his cattle. He conversed with the prosecutrix for some time. At about 5 p.m. addressing the prosecutrix as aunt he requested her to help him, meaning allow him sexual intercourse. The prosecutrix declined the request and stated that she would cry. The prosecution alleges that thereafter accused fell Mst. Kaweribai down and forcibly against her will and without her consent had sexual intercourse with her. Her cries attracted eye witnesses Narendrasingh (P.W. 4) and Jaggu alias Jagliya (not examined by the prosecution). The two separated Mst. Kaweribai from the accused who was having sexual intercourse with her. She narrated the incident to her mother in law at her house and then to her husband, after his return. Next day FIR (Ex. P. 5) was lodged at police station Balwada, which was written down by Abdul Nasir (P.W. 6). Dr. Shanta Saraf (P.W. 5) examined Mst. Kaweribai on 2-2-1985 as per report, Ex. P/3. Investigation completed challan was put up against the accused in the Court of the Judicial Magistrate, First Class, Badawaha, who by order dated 3-7-1985 committed the case to session.

(3.) The accused pleaded not guilty to charge u/ S. 376 IPC. In his examination and defence he denied the allegation and pleaded false involvement due to land dispute. He did not examine any witness in defence. He was convicted and sentenced as stated above.