Moolchand @ Deepchand vs The State of Madhya Pradesh

In light of the judgment passed by the Apex Court in the case of Bani Singh Vs. State of Utter Pradesh, reported in AIR 1996 SC 2439, the

appeal is heard finally.

The appellant has filed the present appeal challenging the judgment dated 07.02.2006 passed by Sessions Judge, Raisen in S.T. No.213/2005,

thereby convicting the appellant for committing an offence under Section 376 (1) of the IPC and sentenced him to suffer rigorous imprisonment for

a period of 7 years with a fine of Rs.500/- and in default of payment, to suffer further simple imprisonment for a period of 2 months.

In short, the prosecution story is that the prosecutrix went to her sister''s house on 14.07.2005. On that date, the appellant has committed rape

on her. At that time, the wife of the appellant went outside from the room. The prosecutrix thereafter narrated the said story to her sister''s Ajuddo

Bai and went to the police station for lodging an FIR. Accordingly, an FIR (Ex.P/10) was lodged by the police and she sent for medical

examination. After medical examination and investigation, the police has filed the challan before the Sessions Court and the case was committed to

the Sessions Court for trial. During the trial, the prosecution has examined the Dr. Vimla Raj (PW-5) and prosecutrix (PW-7). The medical report

as well as FSL report has been produced by the prosecution as Ex.P/4. The trial Court after recording the statements of the witnesses has

convicted the appellant for committing an offence under Section 376(1) of the IPC.

I have heard learned Government Advocated and perused the record as well as judgment passed by the trial Court.

On perusal of the record as well as the judgment, I found that the trial Court has passed the impugned judgment after appreciating the overall

evidence produced by the prosecution, it does not call for any interference.

Accordingly, this appeal is dismissed and the conviction awarded by the trial Court is hereby upheld.

However, as the appellant has already completed the jail sentence awarded by the trial Court, therefore, no further orders are required to be

passed regarding the jail sentence.