- (1.) This appeal has been preferred by the accused-appellant against the judgment and order dated 11-3-87 passed by learned Sessions Judge, Dungarpur in Sessions Case No. 29/86 by which he convicted the accused appellant for offence under Section 376, I.P.C. and sentenced him as under : Offence Sentence awarded 376, IPC 5 years" R.I. and a fine of Rs. 1000.00 in default to further undergo 1 year"s R. I.
(2.) This appeal arises in the following circumstances : (i) On 31-5-86 at about 8 p.m. P.W. 1 Smt. Haju (hereinafter referred to as the Prosecutrix) lodged an oral report Ex.P/1 before the Police Station, Dungarpur stating that in the night at about 12 p.m. there was heavy rain and she came out from the house to tie the cow. She has further stated that she saw the accused appellant standing there and on seeing him she asked as to why he was standing there, thereupon the accused appellant immediately grappled her and threw her on the ground and she was dragged inside the house and thereafter accused appellant committed rape on her. She has further stated that at that time she was having pregnancy of 8 months and in the house there was none else. The accused appellant after committing rape went away and after his departure no body came and her husband who was driver had gone to Aspur, therefore, now she has come to lodge the report. (ii) On this report police registered a case and started investigation. (iii) During investigation, medical examination of P.W. 1 Smt. Haju was got conducted by P.W.7 Dr. Bal Mumund Upadhyaya and her medical report is Ex.P/7 and medical report of accused appellant is Ex.P/8. (iv) After usual investigation, challan was filed against the accused appellant for offence under Section 376, I.P.C.
(3.) That the learned Sessions Judge, Dungarpur framed charges against the accused appellant for offence under Section 376, I.P.C. on 29-9-86 who pleaded not guilty and claimed trial.;