SITARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 3.3.1997 passed by Additional Sessions Judge, Dhamtari, in Sessions Trial No. 174/1996 convicting the accused/appellant under Section 376 (1) IPC and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 2000/-, in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) FACTS of the case in brief are that on 5.10.1995 FIR (Ex. P-11) was lodged by the prosecutrix (PW-6) - a minor girl aged about 12 years at the relevant time, alleging that on 3.9.1995 while she was playing near her house, the accused/appellant came there and asked her whether she was interested in accompanying him to the jungle known as Angar Moti and when she asked him as to who else was going there along with him, appellant told her that it was his daughter. On this, the prosecutrix accompanied the accused/appellant on his bicycle to said jungle but near a temple he made her and his daughter to get down from the bicycle and after keeping his bicycle there itself he took her inside the jungle where he put off his full pant, spread it on the ground, asked her to lay over it, on resistance being offered by her he pressed her mouth, made her lie on the full pant spread by him, removed her underwear and that of his own also, threatened her not to raise her cries and then committed forcible sexual intercourse with her. It is alleged that on account of fear being beaten she kept silence and did not raise her cries though feeling pain. It is also alleged that after commission of the offence, the accused/appellant gave her Rs. 20, threatened her not to disclose the incident to anyone, brought her and his daughter back on his bicycle and after making her get down on the way he went away. On account of fear she did not disclose the incident to any one on the same day. Thereafter, on 25.9.1995 as she fell sick the accused/appellant on being asked by her father took her to hospital at Dhamtari for treatment and while returning there-from on the way he again committed forcible sexual intercourse with her in the same manner. After this, he gave a gold nose ring and Rs. 15/- to her and asked her not to make disclosure of the incident to anyone. 2-3 days thereafter, on seeing the said nose ring when her father asked about it by scolding, she told him that it was given by the accused/appellant to wear and as her father had scolded her, she returned the same to the accused/appellant. It is alleged by her that when her uncle Sadaram visited her house, she informed him about the incident having taken place twice and then it is he who disclosed the same to her father. Thereafter, she went to police station along with her uncle and lodged the report. Based on this report, offence under Section 376 IPC was registered against the accused/appellant, prosecutrix was medically examined on 5.10.1995 vide Ex. P-3 by Dr. (Smt.) S. Singhal (PW-2) and after completion of investigation charge sheet was filed on 28.11.1995 for the said offence.

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