- (1.)By this criminal appeal under Section 374 of the Cr.P.C. appellant Gopal has challenged the judgment dated 11.4.1997 passed by the Additional Sessions Judge, Shajapur in S.T. No.180/1997 whereby the appellant has been convicted for offence under Sections 376(1), 341 and 506 Part- II of the IPC and sentenced to undergo 10 years of R.I. with fine of Rs.1,000/-, 1 month's of R.I. and one year's R.I. with fine of Rs.500/- respectively. In case of failure to pay the fine, the accused was to undergo an additional sentence of six months' and three months' R.I. respectively. The sentences were directed to run concurrently.
(2.)Brief facts of the prosecution case are that the prosecutrix on 4/5/1995 at 10 a.m. in the morning was returning after giving water to the cattle, when she reached near a culvert (nallah) she saw the accused Gopal Harijan and Kamal Baba. Accused Gopal caught hold of her hand and stopped her and asked Kamal to keep watch and then accused Gopal tried to molest her. She tried to shout, but he threatened to kill her and thereafter he raped her. She shouted for help, but nobody had come. Thereafter the accused ran away from the spot along with accused Kamal. On returning home she narrated the incident to the lady members of the house. The male members of the house had gone to another village for performing some custom. Upon returning the male members of the house in the evening, she narrated the story to her husband Murlidhar Patidar and her brother in-law Durgashankar. On 4/5/1995 i.e. on the same day at 11 p.m. in the night the incident was reported at police station Moman Badodiya and case was registered for offence under Sections 341, 376 and 506/34 of the IPC at crime No. 46/95. The spot map was prepared at Ex.P/5. The prosecutrix was sent to the District hospital, Shajapur for her medical examination and she has been examined by Dr. (Smt.) Asha Pandit. The medical report is Ex.P/2-A and the accused were duly arrested vide arrest memo Ex.P/6 & P/7. Accused Gopal was also examined. The underskirt of the prosecutrix and two slides of her vaginal discharge were collected and sent to the laboratory for the F.S.L.in Indore. The report is Ex.P/10. The prosecution was launched. The accused were duly committed to their trial.
(3.)The accused abjured their guilt and stated that they have been falsely implicated in the matter. However, they did not examine anybody in their defence. On considering the evidence, the Trial Court has acquitted coaccused Kamal Baba from the offences, but accused Gopal has been convicted and sentenced as hereinabove indicated. Hence the present appeal.