SUDHIR RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 27.5.1999 passed in Sessions Trial No.163 of 1998 by the Additional Sessions Judge, Jashpurnagar convicting the accused/Appellant under Section 376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 2 years and to pay fine of Rs.2,000/- with default stipulation.

(2.) Case of the prosecution, in brief, is that on 12.5.1998 at about 2:00 p.m. a written report (Ex.P-2) was submitted by the prosecutrix (PW-2), a minor girl aged about 13 years, alleging that on 17.9.1997, the accused/Appellant enticing her that he will marry her and also threatening her, took her to his house at Village Pandari Pani and kept her there for 3 days. During her stay at his house, by threatening her, he forcibly committed sexual intercourse with her many times. Thereafter, he left her there and fled to Raigarh. Then she returned her house. On 7.5.1998, she went to Village Lodha Amba with her uncle to attend the marriage of Rameshwar in the night. The accused/Appellant caught her there also and took her towards the jungle and committed sexual intercourse with her in the jungle twice. He left her in the next morning threatening her that if she discloses the incident to anyone, he will kill her. When he was taking her with him, Nirmala Bai (PW-8) saw them. After her return to her house, she informed about the incident to her mother and uncle Ramkumar. When her father returned to home, she also informed him about the incident. Thereafter, she submitted the said written report in Police Station Narayanpur. On the basis of the written report, First Information Report (Ex.P-3) was registered. During investigation, mark-sheet (Ex.P-4) of the prosecutrix was seized from her father Sunuram (PW-3). The prosecutrix was medically examined by Dr. Mrs. Jyoti Mani Minj (PW-5), who gave her report (Ex.P-6). After completion of the investigation, a charge-sheet was filed by the police against the accused/Appellant for offence punishable under Sections 376 and 506 of the Indian Penal Code. Charge under Section 376 of the Indian Penal Code was framed by the Trial Court.

(3.) To hold the accused/Appellant guilty, the prosecution examined 8 witnesses in support of its case. Statement of the accused/Appellant was also recorded under Section 313 Cr.P.C. in which he denied the charge framed against him and pleaded innocence and false implication in the case.