WAHID KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) A minor girl aged about 12 years was subjected to rape by the appellant on 14th October 1988. The appellant was charged and prosecuted for commission of offence under Sections 366 and 376 of the Indian Penal Code (for short, 'IPC') and the co-accused Sneh Lata was charged under Sections 342 and 366, IPC in the Court of III Additional Sessions Judge, Bhopal in Sessions Case No.53/89.

(2.) Judgment was pronounced in the said Sessions Case on 17th May 1991 wherein and whereby co-accused Sneh Lata was acquitted of the charges levelled against her, but the appellant was found guilty of commission of offence under Section 376, IPC and was awarded seven years' rigorous imprisonment. Insofar as the charge levelled against him under Section 366 was concerned, he was acquitted by the said court.

(3.) Feeling aggrieved by the said judgment of conviction, appellant preferred Criminal Appeal No.548 of 1991 in the High Court of Madhya Pradesh at Jabalpur. Learned Single Judge, after considering the matter from all angles, came to the conclusion that the findings recorded by the learned Sessions Judge were based on material evidence available on record, thus, proceeded to confirm the findings of guilt as also the punishment awarded to him by judgment dated 29th September 2006.