PRATAP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated. 23.3.1991 passed in Sessions Trial No. 69/1990 by the Additional Sessions Judge, Manendragarh, District Sarguja, whereby the said Court convicted the appellant under Section 363 and 376 I.P.C. and sentenced to undergo R.I. for 3 years and 10 years respectively.

(2.) The brief facts are that on 14.9.1989, a dinner was organized in the in-laws place of the appellant, in which the family of the victim was also invited. At about 8 p.m., the prosecutrix namely Kumari Triloki. a girl aged about 8 years was taking food in the said dinner. The appellant came to her and enticed her by saying that he will give sweets to her and took her to his own house and committed forcible sexual intercourse against her. Thereafter, he left the prosecutrix near her house. The prosecutrix narrated this story to her mother and father. It was also disclosed to other persons. They all saw blood oozing out from the vagina of the prosecutrix, thereafter, she was taken to the Police Station where the report Ex. P1 was lodged. The blood-stained underwear of the prosecutrix was also seized and she was sent for medical examination. The appellant was arrested on 27.11.1989 and after completion of Investigation, charge-sheet was filed and after conclusion of the trial, the appellant was convicted as aforementioned.

(3.) The conviction of the appellant is based upon the testimony of the prosecutrix Ku. Triloki (PW1), her mother Gulab Bai (PW2) and Dr.(Smt.) Padma Gupta (PW3).