GOKUL Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal calls in question the judgment dated 16.01.2015 passed in Criminal Trial No.107/2014 passed by Second Additional Session Judge, Jaora, Link Court Alot, District Ratlam, M.P.

(2.) The appellant, is aggrieved by his conviction for commission of offence punishable under Section 450 and 376(2)F of the Indian Penal Code (for short "?IPC') and has been sentenced to undergo 5 years RI with a fine of Rs.2000/- for offence under Section 450 IPC with default stipulation of additional 6 months RI. Further, the appellant has been sentenced to undergo 10 years RI and fine of Rs.2000/- with default stipulation of 1 year additional imprisonment. It has been ordered that the sentences shall run concurrently.

(3.) The facts leading to the filing of present Criminal Appeal commences with a complaint made by Dhapu Bai (PW-3) on 13.04.2014 alleging that, in the night intervening 12.04.2014 and 13.04.2014 at about 1 AM, the present appellant entered into her house where the prosecutrix was sleeping in the courtyard of the house. Further the appellant overpowered the prosecutrix and committed rape on her. It has also been stated in the complaint that, the prosecutrix is dumb and is partially retarded. Since, the appellant had covered the mouth of prosecutrix by his hand, due to which she was unable to raise alarm, but still his brother namely Govardhan (PW-2) heard a sound and went out to check on the prosecturix. The complaint further reads that Govardhan (PW-2) saw the appellant committing rape on the prosecutrix and upon finding Govardhan (PW-2) at the place of incidence, the appellant tried to run away, however, in the process, Govardhan (PW-2) threw a brick on the appellant which hit him on his forehead, however, the appellant succeeded in fleeing from the place of incidence.