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S.K.AWASTHI
MOHANLAL s/o MANGILAL – Appellant
Versus
STATE OF M. P. – Respondent
JUDGMENT :
1. Present appeal is directed by the appellant under section 374(2) of the Criminal Procedure Code, against judgment dated 20-5-1999 passed by Additional Sessions Judge, Manasa, District-Neemuch in S.T. No. 86/1998, whereby the appellant has been convicted for the offence under sections 366 and 376 of the Indian Penal Code and sentenced to undergo RI for 3 years and 7 years and to pay fine of Rs. 2,000/- for each offence respectively with usual default stipulation.
2. In short the prosecution story is that on 23-2-1998 at about 9:30 p.m., the prosecutrix along with her mother-Bhagwanti Bai went to the house of one Mohanlal Balai situated at Village Hathuniya for watching television programme. At about 10:30 pm mother of the prosecutrix returned back to her house and the prosecutrix remain stayed at the house of Mohanlal along with his daughter Radha. After sometime, when she was returning to her house, appellant/accused met her on the street and after seeing the prosecutrix he told her to go with him and he caught hold the hands of the prosecutrix and pressed her mouth. When the prosecutrix tried to shout, the appellant threatened that if she will raise any alarm, then he
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