ALAGIRI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was convicted under section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment I for four years by the Sessions Judge, Jalandhar.

(2.) THE facts leading to the conviction and sentence are that Shrimati Magga Devi (PW 1) was sleeping in her house on 23 8,1984 and her husband had gone out on some business. At about 2.30 P.M. Alagiri appellant came in the house and gagged her with a piece of cloth and raped her. The appellant was under the influence of liquor and Magha Devi felt herself to the helpless. Her husband came in the house all of a sudden. The appellant tried to escape, but, in the meantime, Smt. Magha Devi raised her voice to attract the neighbours who came and overpowered the appellant. After investigation, report under section 173 of the Code of Criminal Procedure was presented and the appellant was committed for trial before the Sessions Judge.

(3.) THE defence of the appellant was that Suresh Kumar (PW2) had a dispute with him for payment of money for the balloons which he has sold to the former. He was given beating and falsely implicated in this case with the connivance of the local Police.