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2011 Supreme(MP) 195

SUSHMA SHRIVASTAVA
Sadan @ Nanhu – Appellant
Versus
State of Madhya Pradesh – Respondent


JUDGMENT

Sushma Shrivastava, J.

1. Appellant has preferred this appeal challenging his conviction and order of sentence passed by First Addl. Sessions Judge, Balaghat in S.T. No. 96/93, decided on 04.01.96.

2. Appellant has been convicted under Section 450, 376 of IPC and sentenced to rigorous imprisonment for seven years for each of the offences, by the impugned judgment. Both the sentences were directed to run concurrently

3. According to prosecution, on 16.1.93 about 12 O'clock in the noon at village Parsatola, when prosecutrix was all alone in the house, her parents and other family members having gone to work in the field, Appellant Nanhu, who lived in the neighbouring house, came to the house of the prosecutrix and caught hold of her. Appellant proposed her for sex, but she declined, then he forcibly dragged her inside the house, prosecutrix pushed him, but he overpowered her and bit her on her cheeks, fell her on the ground, undressed her and committed forcible sexual intercourse with her. On her screaming, the uncle and cousin sister of the prosecutrix, namely, Bhandari and Sevanta came there, then Appellant fled away. Prosecutrix went to the Police Station alongwith her parent


























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