ANIL KUMAR RATHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 17.8.1998 passed by Additional Sessions Judge Janjgir in Sessions Trial No. 271/1997 convicting the accused/appellant for the offence punishable under Section 376(2)(f) IPC and sentencing him to undergo RI for ten years with fine of Rs. 2000/-, in default of payment of fine to further undergo SI for six months. Facts of the case in brief are that on 17.2.1997 at about 4.25 p.m. FIR Ex. P-4 was lodged by Aasha Bai (PW-3) - mother of the prosecutrix (PW-1) - a minor girl aged about 10 years at the relevant time alleging that on that day at about 2 p.m. when she (prosecutrix) was all alone in the house, accused/appellant gained an entry thereto and committed forcible sexual intercourse with her. Based on this report, offence under Section 376 IPC was registered against the accused/appellant and the prosecutrix was medically examined on that day itself by Dr. (Smt.) Rama Verma (PW-4) who gave her report Ex. P-5. Query report of the doctor is Ex. P-7. After completion of investigation, charge-sheet was filed on 28.5.1997 for the offence under Section 376 IPC. Court below however framed the charge against him under Section 376(2)(f) IPC.

(2.) In support of its case the prosecution has examined 11 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.

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