AVON KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 25-1-2000 passed by the Additional Sessions Judge, Bemetara, District Durg, Chhattisgarh in Sessions Trial No. 193 of 1999, whereby and where under the learned Additional Sessions Judge has convicted the appellant under Sections 450 and 376 (1) of the Indian Penal Code (for short 'IPC') and sentenced him to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 500.00 under Sec. 450 of IPC, in default of payment of fine, to further undergo RI two months and to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 500.00 under Sec. 376(1) of IPC, in default of payment of fine, to further undergo RI two months, respectively.

(2.) The case of the prosecution, in brief, is that on 26-2-1999, at about 12:00 noon, when the prosecutrix, aged about 13 years, was alone at her residence, appellant-Avon Kumar entered her house, bolted the door from inside and using force on the prosecutrix, he pushed her on a cot, forcefully removed her clothes and committed forceful sexual intercourse with her. Soon after the incident, the prosecutrix raised alarm upon which Rajju Sahu, Israil Khan and her father came to the spot. On seeing them, the appellant ran away from the spot. The prosecutrix narrated the incident to her father and mother. First Information Report (Ex. P/1) was lodged by her in police station Nawagarh on the same date at about 11.00 p.m. The police investigated the case and presented the charge-sheet in the Court for prosecution of the appellant under Sections 376 and 450 of the IPC.

(3.) The appellant was charged under Sections 450 and 376(1) of the Penal Code to which he denied and the trial was conducted by giving opportunity of hearing and for leading evidence to the prosecution and defence. After hearing, learned counsel for the respective parties, the impugned judgment was passed whereby the appellant has been convicted and sentenced as mentioned above.