TULSIRAM RATHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) ACCUSED/appellant Tulsiram, by the impugned judgment and order dated september 27, 2003, passed by Special Judge, Mandla, in Special Case No. 29/2002, stands convicted for an offence punishable under Section 376, IPC and sentenced to R. I. for seven years. He has also been convicted for offence punishable under Section 324 of the IPC and sentence to R. I. for 2 years with fine of Rs. 1000/ -. He has further been convicted for offence punishable under section 506 (Part-II), IPC and sentence to R. I. for 2 years with fine of Rs. 1,000/ -. The substantive sentences are directed to run concurrently.

(2.) THE prosecution case, in brief, is that Choughadi (P. W. 4), chetram (P. W. 5.) and Phoolmati Bai (P. W. 3) are the husband, brother-in-law and sister-in-law respectively of the prosecutrix. On January 25,2002 at about 2 P. M. , prosecutrix Parwati Bai set out from her Village Khamha to cut firewood. When she was cutting firewood, the appellant is said to have caught hold of her, forcibly overthrew her and committed sexual intercourse with her against her will and consent.

(3.) THE matter was reported by the prosecutrix to her sister-in-law phoolmati Bai and neighbour Ram Pyari (P. W. 2 ). As the husband and brother-in-law of the prosecutrix were out of station and no male member of the family was present, the matter was not reported to the police immediately. In the intervening night of 30-1-2002, when the husband of the prosecutrix returned home, the incident was narrated to him. The brother-in-law of the prosecutrix also returned home next day. The story was narrated to him and also to the villagers. On 1-2-2002 at 5 P. M. FIR of the incident was lodged by the prosecutrix at Police Station, Dindori.