SULTAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an appeal under section 374 Cr. P.C. against the order of conviction recorded by A.S.J., Ashoknagar in Sessions Trial No. 5/96 convicting the appellant under section 457 and section 376 (I) Indian Penal Code and sentencing him to Rigorous Imprisonment for three years and for seven years respectively and also to pay a fine of Rs. 500/ - and Rs. 1,000/ - respectively and in default of payment of fine R.I. for three months and six months respectively.

(2.) THE relevant facts for better understanding the case are as follows: P.W I Kapooribai aged 50 years is a widow lady, since a few years before the date of incident on 25.9.95, she lives with her son Ramsingh (not examined), daughter -in -law P.W. 2 Ramshribai (wife of Ramsingh), daughter Radhabai and Jankibai. Radhabai was aged about 16 years and Jankibai aged 10 years at the time of incident. Both these girls have not been examined in the Court. Kapooribai has in all seven children. The incident is alleged to have taken place on 25.9.1995 in the mid night at about 1,30 a.m. and report Ex. P/l was lodged on the next morning at 11.15 at police Station Ashoknagar which is at a distance of 2. Kms. from village Aavri. She was sent for medical examination on the same day after registration of crime and was examined by lady doctor P. Agrawal. As per medical report the doctor did not find any external injury nor any internal injury on private parts. The doctor could not give any definite opinion if intercourse was committed because the lady was already habitual to sexual intercourse. During investigation nine pieces of red colour bangles were seized on 29.9.1995 at village Aavri on production by prosecutix Kapuribai.

(3.) LEARNED trial Court framed charge under Section 376 (1) and 457 of the Indian Penal Code. Accused denied guilt and pleaded that he has been falsely implicated because he had seen one Lalchand coming out from the house of prosecutrix on the alleged time of incident and to escape from defan1ation, the report has been lodged at the instance of Lalchand who is alleged to have affairs with the prosecutsix.