SATRUGHNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 12.12.1996 passed by Additional Sessions Judge, Baloda Bazar, in Sessions Trial No. 203/1993 convicting the accused/appellant under Section 376 IPC and sentencing him to undergo rigorous imprisonment for ten years and pay fine of Rs. 1000/-, in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) FACTS of the case in brief are that on 16.3.1993 at about 6.45 p.m. FIR Ex.P-1 was lodged by the prosecutrix aged about 6 years at the relevant time alleging that on that day at about 1.30 p.m. when she returned from the school, in her house the accused/appellant was lying on a cot and on being called by him she went near his cot. At that time she was not wearing underwear but skirt only. When she went to the accused/appellant, he caught hold of her and inserted his private part into that of her on account of which she felt pain and started bleeding but even then he did not leave her. On hearing her cries, her sister Lata Bai came there and on seeing her the accused/appellant ran away. Based on this FIR, offence under Section 376 IPC was registered against the accused/appellant. Prosecutrix was medically examined on 17.3.1993 by Dr. (Smt.) Bhanudeshlahra (PW-9) vide report Ex. P-12 and after completion of investigation, charge sheet was filed by the police on 4.5.1993.

(3.) AFTER hearing the parties, the Court below has convicted and sentenced the accused/appellant as mentioned in paragraph No.1 of this judgment.