G.S.AHLUWALIA,J. - (1.)This Criminal Appeal under Section 374(2) of CrPC has been filed against the judgment and sentence dated 17 th January, 2005 passed by Second Additional Sessions Judge, Shivpuri in Sessions Trial No. 251/2004, by which the appellant has been convicted under Section 376 of IPC and sentenced to undergo the rigorous imprisonment of seven years and fine of Rs.2,000/- with default imprisonment.
(2.)The necessary facts for the disposal of the present appeal in short are that on 27/09/2004 at about 11:00 am the appellant forcibly committed rape on the prosecutrix against her consent. According to the prosecution case, on 28/09/2004, the prosecutrix lodged a FIR in Police Station Govardhan (Shivpuri) on the allegation that on 27/09/2004 at about 11:00 am, she had gone to her field to give water to her cattle and at that time, the appellant came there and with an intention to do ''Burakam'' took her at the side of a hut, threw her on the ground and when she raised an alarm, he gagged her mouth and committed rape on her. The prosecutrix was, all times continuously shouting but since the hut where the incident had taken place, was situated at an isolated place, therefore, nobody came there to rescue her. At that time, her mother-in-law Ajoodhi Bai came on the spot, who saw the appellant committing rape on the prosecutrix and, therefore, she abused him and pushed him, as a result of which the appellant ran away after leaving her. In the evening, her elder brother-in-law (Jeth) Hiraman came back to the house and thereafter, she went to the police station along with her brother-in-law (Jeth) and lodged the FIR. After registering the case, the police sent the prosecutrix for medical examination and the appellant was arrested. Spot map was prepared and the police, after completing the investigation, filed the charge sheet against the appellant for offence under Section 376 of IPC.
(3.)The trial Court by order dated 02/12/2004 framed the charge under Section 376 of IPC.