J.P.GUPTA,J. - (1.)The appellant has preferred the present appeal being aggrieved with the judgment dated 31.8.1998 passed by the I Addl. Sessions Judge, Nasrullahganj, District Sehore, in S.T.No.53/1998 whereby the appellant has been convicted for the offence under Sections 376(1) of the IPC and sen- tenced to undergo RI for 7 years with fine of Rs.2,000/-, in default of pay- ment of fine, further R.I. of three months.
(2.)The prosecution case, in brief, is that on 23.11.1997 at about 10 AM, when the prosecutrix, PW1 went to graze cattle on the field, her cattle were grazing in the field of Sunderlal Patel and accused Mukesh was work- ing in the adjoining field of Santram Yadav. At that time accused Mukesh came to prosecutrix and called her for plucking the fruits from the tree on which she refused. Then accused caught hold her and pressed her mouth due to which she could not shout. He removed his pant, lifted the petti- coat of the prosecutrix and committed rape with her. She removed the hand of the accused from her mouth and shouted. On hearing her shout, one labour came and on seeing him, Mukesh fled away. She returned back along with the cattle then narrated the entire incident to her husband and guard. Then, information of the incident was given at Police Station Nas- rullahganj, on the basis of which First Information Report, Ex.P/3, was lodged and crime no.251/1997 was registered against the appellant for the offence punishable under sections 376 of the I.P.C. and the matter was in- vestigated. The prosecutrix was sent for her medico legal examination. Dr.S.Viliya (PW-4) examined her at Community Health Center, Nasrullah- gunj, Sehore and gave her report Ex.P-2. Spot map was prepared. Appel- lant was arrested on 26.11.1997 and his medical examination was con- ducted by Dr.S.K.Dhoble, PW3. He gave his report, Ex.P/1. Necessary seizures were made vide seizure memo, Ex.P/4 and P/5. After due investi- gation, a charge sheet was filed before the concerned JMFC, who commit- ted the case to the Court of Sessions. The court of II Addl. Sessions Judge, Nasrullahgunj, framed the charge against the appellant for the offence un- der sections 376 of the I.P.C. The appellant abjured the guilt and claimed to be tried. His defence was that he has been falsely implicated on ac - count of enmity with the family of the prosecutrix.
(3.)The learned court below after appreciating the oral as well as docu- mentary evidence on record arrived at the conclusion that the appellant has committed sexual intercourse with her without her consent and will. Hence, convicted the appellant under section 376 of the I.P.C. and sen- tenced him, as mentioned above.