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2007 Supreme(SC) 373

ARIJIT PASAYAT, S.H.KAPADIA
Ramkripal S/o Shyamlal Charmakar – Appellant
Versus
State Of M. P. – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Madhya Pradesh High Court at Jabalpur, dismissing the appeal filed by the appellant against the judgment of the learned III Additional Sessions Judge, Satna. Appellant was found guilty of offences punishable under Section 376 of the Indian Penal Code, 1860 (in short the ‘IPC’) and was sentenced to undergo RI for seven years.

3.Prosecution version as unfolded during trial is as follows :

Victim (PW-1) had gone in the field near Makararbandh to bring green grass and after collecting the green grass she was on her way back to her home. The appellant came to her and proposed for sexual intercourse. The victim protested and told that she will inform her mother in respect thereof. The appellant induced her not to say so to her mother as he will provide Rs.10/- to her. The appellant felled her on the ground and removed her undergarment and ravished her. She was crying in pain and at this the appellant had stuffed her mouth by clothes. The genital of the appellant had penetrated in her genital which gave immense pain to her and, thereafter, the appellant left






















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