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2010 Supreme(SC) 45

HARJIT SINGH BEDI, J.M.PANCHAL
Dinesh Jaiswal – Appellant
Versus
State Of M. P. – Respondent


Advocates appeared:
For the Appellant :Rameshwar Prasad Goyal, Advocate. For the Respondent:C.D. Singh, Sunny Choudhary & Shashank S. Parihar, Advocates.

Judgment :

The facts leading to the appeal are as under:

2. At about 4:00 P.M. on 8th July, 1987 the prosecutrix (PW-1) was alone in her house situated in Village Magrohar, Police Station Rampur Naiken. The appellant, who was known to her, entered the house and after having inflicted three tangi blows on her head and hands, raped her. The prosecutrix also, in defence, snatched the tangi from the appellant and caused several injuries on his head while he was leaving the room. As a result of the injuries suffered, both became unconscious. In the meanwhile, Sampat the husband of the prosecutrix, arrived at the scene and she told him about what had happened. She also called Babulal (PW-2) her son and Shivbalak (PW-3) a distant relative, and they along with several other persons reached the spot. The prosecutrix thereafter accompanied by her husband Sampat, Babulal and the others afore referred lodged the First Information Report (Exhibit P-1) at Police Chowki Khaddi on the same day at about 7.30 p.m. The prosecutrix was also sent for a medical examination which was carried out the next day by Dr. Kalpana Ravi (PW-5), who found three injuries on her and further recorded that as she was















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