PAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been filed by appellant Pansingh son of Sunva Jatav resident of Bagedari police Station Karera, Shivpuri, being aggrieved by judgment dated 7.12.2005 passed in Sessions Case No.61/2005 by the Additional Sessions Judge, Karera, Shivpuri, whereby learned Additional Sessions Judge has convicted the appellant under the provisions of Section 450 of IPC with 4 years of RI and fine of Rs. 500/-. Appellant has been further convicted under Section 376 of IPC with ten years of RI and fine of Rs. 500/-. In default of payment of fine, appellant is required to undergo further RI of two months each.

(2.) As nobody was appearing for the appellant, this Court appointed Shri B.S.Gaur as counsel from the Legal Aid and requested him to prepare and argue this case.

(3.) The facts of the case, which are not in dispute, are that on 12.1.2005 at about 12.30 am when prosecutrix was in her room, accused had entered her room and made himself comfortable by the side of the prosecutrix, on her bed. Thereafter, he committed rape and when prosecutrix tried to oppose, he put a piece of cloth in her mouth, as a result she could not shout. Once the act was over, she shouted, which was heard by her sister-in-law Suman (PW-3) and she called Bhaggo (PW-2), mother-in-law of the prosecutrix, and Lalu (PW-4), husband of the prosecutrix, who was available in the house of Bhaggo at a distance of 20-25 steps. It is also the case of prosecution that at that point of time, witness Hariram (PW-6) had arrived at the scene of crime and he had seen the whole incident. FIR was lodged on the same day at 1.30 pm i.e. there is a gap of 13 hours between the incident and the time when FIR was lodged.