SHAMBHULAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant stands convicted and sentenced to undergo RI for seven years u/s 376 IPC and RI for six months u/s 452 IPC and to pay a fine of Rs. 100/ -, in default, to undergo RI for further 15 days by IInd ASJ Neemuch, in Sessions Trial No. 5/90.

(2.) BRIEFLY stated the prosecution case is that on 31.8.1989, in the evening at about 6 p.m. when prosecutrix Sohanbai (PW 1) was alone in her house, the appellant Shambhulal entered into the house of the prosecutrix and committed rape on her at the point of dagger and thereafter escaped from there. In the night at about 10 p.m. when Mangilal (PW 2), husband of the prosecutrix, returned from his duty, the prosecutrix Sohanbai narrated about the incident to him. Since it was raining in the night, nobody could be contacted by the prosecutrix or her husband. In the morning PW 2 Mangilal informed the incident to his colleague Narayanlal (PW 3) and their employer one Seth. Thereafterthe prosecutrix went to the P.S. Jiran alongwith her husband Mangilal and lodged the FIR (Ex. P -I) which was recorded by (PW4) Bhimsingp Ahirwar Sub -Inspector and the prosecutrix was sent to the lady Doctor for her medical examination as per Ex. P -2. Thereafter on 2.9.1989, the appellant was arrested and after completing the necessary formalities and on receipt of the Medical Report (Ex. P -3), a charge -sheet was submitted.

(3.) THE learned trial Court, on consideration of the evidence, convicted and sentenced the appellant as indicated above.