JUDGMENT - BRAHME P.S., J.:-The Court of 8th Assistant Sessions Judge, Nagpur by judgment dated 27-1-1998 in Sessions trial No. 248/1996 convicted appellant for commission of offence under section 376 of Indian Penal Code and sentenced him to suffer R.I. for 8 years and to pay fine of Rs. 200/- in default to undergo R.I. for one month. The appellant has preferred this appeal against his conviction.

2. The case of prosecution is that prosecutrix Sushilabai Yadaorao Pimple (P.W. 1) went to Police Station, M.I.D.C., Nagpur on 11-9-1996 at noon and lodged report Exhibit 13 giving full narration of the incident of rape committed by the appellant on her. She supported her version in F.I.R. Exhibit 13 in her examination in the Court. It is stated by her that on 11-1-1996 around 11.00 a.m. she had gone for answering call of nature on the bank of Nallah which is situated near the premises of the company, where the complainant was working. The appellant came from her backside when she was in sitting position and answering the call of nature and he stood in front of her for passing urine. She asked the appellant as to whether it was proper for him to do so. She then went aside and sat for answ

Click Here to Read the rest of this document