Jagdish S/o Mangilal vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1367

RAJENDRA KUMAR VERMA
Jagdish S/o Mangilal – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
Shri Rajesh Yadav Appeared for Appellant, for the Appellant; Shri S.S.Thakur Dy. G.A. Appearing On Behalf Of Advocate General/State., for the Respondent

JUDGMENT

1. Appellant has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short 'the Code') against the judgment dated 05.11.1999 passed by Special Sessions Judge, District Shajapur in Special. S.T. No.23/1999, whereby the appellant has been convicted for the offence punishable under Section 376 of IPC and sentenced to undergo 07 years R.I. and acquitted the appellant from the charges under Section 3(1)(x) of SC/ST (P.A.) Act.

2. The prosecution story, briefly stated, is that on 12.04.1999 at about 11AM, when the prosecutrix was going to deliver food on the field to her daughter and reached near the filed of one Anokhi, the appellant order to stop her and when she was not stopped then he picked her from back side and after dashing her in a culvert (nullah), committed rape upon her against her will. When she tried to call someone, the appellant shut her mouth with a cloth. After committing the offence, the appellant ran away from the spot then she reached to her village after delivering the food and narrated the incident to Radheshyam, Jagdish and Prahalad and lodged the FIR with her husband to the police station Sarangpur.

3. Thereafter, the police