JAGDISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (for short 'the Code') against the judgment dtd. 5/11/1999 passed by Special Sessions Judge, District Shajapur in Special. S.T. No.23/1999, whereby the appellant has been convicted for the offence punishable under Sec. 376 of IPC and sentenced to undergo 07 years R.I. and acquitted the appellant from the charges under Sec. 3(1)(x) of SC/ST (P.A.) Act.

(2.) The prosecution story, briefly stated, is that on 12/4/1999 at about 11AM, when the prosecutrix was going to deliver food on the field to her daughter and reached near the filed of one Anokhi, the appellant order to stop her and when she was not stopped then he picked her from back side and after dashing her in a culvert (nullah), committed rape upon her against her will. When she tried to call someone, the appellant shut her mouth with a cloth. After committing the offence, the appellant ran away from the spot then she reached to her village after delivering the food and narrated the incident to Radheshyam, Jagdish and Prahalad and lodged the FIR with her husband to the police station Sarangpur.

(3.) Thereafter, the police sent the prosecutrix for medical examination, prepared the spot map, taken the statements of the witnesses, arrested the accused person and after due investigation filed the charge-sheet against the appellant. The learned Court below after considering the statements of the witnesses framed the charges against the appellant under Sec. 376 of IPC and under Sec. 3(1)(x) of SC/ST (P.A.) Act.