SUBHASH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21.12.1995 passed by Sessions Judge, Ambikapur, in Sessions Trial No. 175/1995 convicting the accused/appellant for the offence punishable under Section 376(2)(f)/511 IPC and sentencing him to undergo rigorous imprisonment for five years.

(2.) CASE of the prosecution in brief is that on 7.3.1995 FIR (Ex. P-1) was lodged by Suresh Thakur (PW-3) - the father of the prosecutrix alleging that on 4.3.1995 when his daughter (PW-1) aged about 8 years was playing outside the house, accused/appellant who happened to be the brother of his neighbour namely Lalbabu forcibly took her to his house and after closing the door removed her underwear as well as that of his own and made an attempt to commit rape on her. It is alleged that on haring the cries raised by the prosecutrix, her mother started shouting and knocking at the door. On door being opened by the accused/appellant, prosecutrix came out weeping. It is also stated in the FIR that the prosecutrix immediately narrated the entire incident to her mother complaining pain on her private part.

(3.) ON the other hand counsel for the respondent/State supports the judgment impugned and submits that there was no occasion for the minor prosecutrix aged about 8 years to implicate the accused/appellant in a false case. He submits that the statement of the prosecutrix makes it clear as to in what manner an attempt to forcible sexual intercourse was made on her by the accused/appellant. He referred to the medical report Ex. P-5 showing the injuries sustained by the prosecutrix, which reads as under: