DUKALDAS MANIKPURI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 30.9.1994 passed by Additional Sessions Judge, Raipur, in Sessions Trial No. 322/1993 convicting the accused/appellant for the offence punishable under Section 376/511 IPC and sentencing him to undergo rigorous imprisonment for 5 years.

(2.) CASE of the prosecution in brief is that on 27.5.1993 FIR (Ex. P-1) was lodged by the prosecutrix (PW-1) aged about 10 years to the effect that on 22.5.1993 when she had gone to the house of the appellant to play with the child of his sister in law, he took her inside the room on the pretext of giving money to her, made her lie down on the ground and after removing her and that of his under- garments committed sexual intercourse with her. After completion of investigation, challan was filed in the competent Court where charge under Section 376 IPC was framed against him.

(3.) ON the other hand counsel for the respondent/State supports the impugned judgment and submits that at the relevant time the prosecutrix was a young girl of 10 years and being physically handicapped she was not even in a position to walk. He submits that it is due to the medical report being negative, the appellant has been convicted under Section 376/511 IPC otherwise he would have been convicted under Section 376 alone.