BALRAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 2nd December, 1988 in S. T. No. 2/1988 by Additional Sessions Judge, Seoni whereby the accused-appellant was convicted under Section 376 of the I. P. C. for having committed rape with prosecutrix Premvati Bai and sentenced to undergo R. I. for 7 years.

(2.) THE prosecution case stated in brief is that the prosecutrix Premvati Bai (P. W. 3), on the date of incident, i. e. , on 21-10-1987 had gone to keep watch of the Jwar crop standing on her field at village Malajpur, P. S. Kanhiwada, District Seoni. The prosecutrix Premvati Bai (P. W. 3) was sitting on the 'madha' in the filed. The accused-appellant Balram, armed with a scythe, came there, caught hold of her and dragged her down. After extending threats to the prosecutrix and also assaulting her, he committed forcible sexual intercourse with the prosecutrix: The prosecutrix Premvati Bai (P. W. 3) raised cry of alarm. Her husband Ramprasad (P. W. 4), on hearing shouts of help of his wife, came there and saw the appellant and his wife Premvati from some distance. The appellant ran away and could not apprehended despite chase given by Ramprasad (P. W. 4 ). Premvati (P. W. 3) narrated the incident to her husband Ramprasad (P. W. 4 ). Premvati Bai (P. W. 3) then went to the Police Station Kanhiwada, District Seoni and lodged report (Ex. P-5) of the incident on the same day at 3. 30 P. M. . Offence was registered.

(3.) DURING investigation, Premvati Bai (P. W. 3) was sent for medical examination. Dr. (Smt.) A. Paraste (P. W. 2) conducted medical examination of Premvati Bai (P. W. 3 ). She found the following injuries on her person :-