Decided on August 24,2018

VINOD Appellant


J.P.Gupta, J. - (1.) This appeal has been preferred assailing the judgment dated 29/04/2013 passed by the 1st Additional Session Judge, Chhindwara, in Session Trial No.264/2012 whereby the appellant has been convicted under section 376(1), 307 and 506 Part-I of IPC and sentenced to undergo R.I. for 10 years, R.I for 10 years and R.I for 2 years along with fine with default stipulations .
(2.) The facts giving rise to this appeal are that as per prosecution case on 23/07/2012 near about 10 PM prosecutrix aged about 16 years, went to answer call of nature out of her house, suddenly appellant came over there and squeezed mouth of the prosecutrix and dragged her towards near the well and under the threat of killing her he committed sexual intercourse with her. When the prosecutrix told that she would disclose the incident to her mother, the appellant pushed her into the well. She fell down into the well, which was deep and dry and sustained injuries on her head, hand and waist and became unconscious. In the morning time she regained consciousness and cried then villagers and her parents gathered on the place of incident and brought her out from the well and was taken for treatment to Govt. Hospital Pandurna and thereafter to Nagpur and after treatment at Nagpur, she revealed the incident to her parents and then lodged the FIR Ex.P-3 on 23/07/2012 at police station Pandurna, District Chhindwara where Crime No.357/2012 under section 376, 506, 307 of IPC was registered and prosecutrix was examined by medical expert and appellant/accused was also arrested and medically examined and after completion of the formalities of investigation, the charge sheet was filed before the Judicial Magistrate First Class, Pandurna, District Chhindwara and case was committed to Session Court where the case was tried by 1st Additional Session Judge, Chhindwara.
(3.) The learned Trial court framed aforesaid charges against the appellant and the appellant abjured his guilt and claimed to be tried. His defence was that he is innocent and prosecutrix accidentally fallen into the well and later on under the influence of her parents the false report has been lodged against the appellant and after completion of the trial, the learned trial court convicted and sentenced the appellant as mentioned earlier.;

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