KUMAR SAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 12-8-1997 passed by Sessions Judge, Sarguja (Ambikapur) in Sessions Trial No. 164/1996 convicting the accused/appellant for the offence punishable under Section 376(1) IPC and sentencing him to undergo RI for seven years.

(2.) Case of the prosecution in brief is that on 12-2-1994 at 11-15 a.m. FIR (Ex. PI) was lodged by the prosecutrix (P.W. 1) - a minor girl aged about 11 years to the effect that on 11-2-1994 at about 5 p.m. when she had gone to the well to fetch water, accused/appellant who was working in the nearby field came there, caught hold of her hand, took her to the nearby enclosure, threw her on the ground and committed forcible sexual intercourse with her. It is alleged that when she tried to raise alarm, he pressed her neck and that on account of his act she felt pain and started weeping. At that time, it is stated that her mother came there and after seeing her the accused/appellant left the spot. Based on this FIR, offence under Section 376, IPC was registered against the accused/appellant, she was medically examined on 13-2-1994 vide Ex. P3. After completion of investigation charge-sheet was filed by the police under Section 354, IPC and the trial Magistrate also framed the charge under the said section. After recording the statement of the prosecutrix and that of her mother the trial Magistrate found that the offence under Section 376, IPC was also made out and therefore it committed the case to the Court of Session for trial where the charge under Section 376(1), IPC came to be framed against the accused/appellant.

(3.) In support of its case the prosecution has examined 5 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he pleaded his innocence and false implication in the case. This apart, one Amrit Prasad (D.W. 1) has also been examined by the defence in support of its case.