IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH

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ON THE 8 OF OCTOBER, 2025 CRIMINAL APPEAL No. 464 of 2000 BHANWARLAL Versus THE STATE OF M.P.

Appearance:

Shri J.B Mehta - Advocate for the appellant.

Shri Rajesh Joshi -G.A for the respondent/State.

With consent, heard finally.

Reserved on 17.07.2025 Delivered on 08.10.2025 -----------------------------------------------------------------------------------

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J U D G M E N T This criminal appeal under Section 374(2) of the Cr.P.C, 1973 is preferred being aggrieved by the judgment dated 31.03.2000 in Sessions Case No.53/99 by Additional Sessions Judge, Narisingarh, District Rajgarh (Biaora), whereby the appellant/accused has been convicted under Section 376(1) of the IPC and has been sentenced to 07 years R.I and a fine of Rs.5,000/- with default stipulation of 01 Signature Not Verified Signed by: HARIKUMAR month Additional R.I.

2. Facts in brief are that appellant/accused was put to trial for charge under Section 376(1) of the IPC for committing rape with victim (PW-1) at 3:00 pm on 01.02.99 regarding which a Crime No.12/99 was registered at Police Station Karanwas, District Rajgarh at 10:30 pm on 02.02.1999.

3. Case of the prosecution is that prosecutrix (PW-1) was in her fields for taking fodder for cattle on 01.02.1999 at 3:00 pm. Appellant reached there and caught hold the prosecutrix (PW-1) and all attempts to free from the clutches of the appellant fails as appellant assaulted by legs and gagged her mouth by towel and caught her both hands and committed rape. Victim (PW-1) intimated the incident to village Chowkidar Bhawarlal (PW-6) and his wife Rukimibai (Pw-3) who was digging soil near the place of incident. Victim (PW-1) returned to home and intimated the incident to her brother-in-law (Jheth) and sister-in-law (Jethani), brother-in-law (Devar) and sister-in-law (Devrani) and thereafter she told the incident to husband also.

4. On 02.02.1999 she lodged a First Information Report at Police Station Karanwas, Rajgarh where Crime No.12/99 was registered against the appellant/accused. During investigation, the statements were recorded. Victim was medically examined. The Signature Not Verified Signed by: HARIKUMAR final report was submitted to the Court of Additional Chief Judicial Magistrate Narsinghgarh, District Rajgarh and vide order dated

19.04.1999 the case was committed to the Court of Session.

5. Appellant/accused abjured the guilt and claimed for trial. 6. To bring home the guilt, prosecution examined the prosecutrix as PW-1, village Chowkidar Bhawarlal as PW-6, Rukmibai wife of Chowkidar as Pw-3, sister-in-law (Jethani) as PW- 2, Medical Officer Dr. Shashi Gupta as PW-4, Medical Officer Dr. V.K. Gupta as PW-5, Assistant Sub-Inspector MK Pancholi as PW-7 and Police Inspector B.S Barila as PW-8.

7. In cross-examination under Section 313 of the Cr.P.C.

1973, appellant/accused admitted the fact that prosecutrix (PW-1) was taking fodder for cattle at the well in his fields on 01.02.1999 at 3:00 pm and Chowkidar Bhawarlal (PW-6) and his wife Rukmibai (PW-3) were digging soil from the 'Nalla'. Rest of the facts were either denied or ignorance was expressed and advanced the defence that on the date of incident he was carrying husk of the crop to Chandarsingh Patel with Norang bai and he went to the 'Nalla' to throw the husk where the bricks were being manufactured. After drawing the crop husk, he went to the well to take water alongwith Norang bai. One Gopiji was also 20 steps ahead from appellant and Norang bai was 20 steps behind him and thereafter he went to drop Signature Not Verified Signed by: HARIKUMAR the bullock carts. At that time one side of 'Nalla' bricks were being manufactured and on the other side of 'Nalla' Chowkidar was digging soil and Gopiji was preparing bricks. He has not committed any offence. He examined Gopilal as DW-1 in his defence stating that Norang bai has died.

8. Appreciating the defence witness, trial Court fou