RANGU @ RAJENDER KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The case put-forth by the prosecution is that the accused/appellant committed repeated sexual intercourse with the prosecutrix (PW-2) and when she ultimately became pregnant through him, he forced her to get the same medically terminated.

(2.) An overview of the matter make the things clear that first of all in the month of January when the prosecutrix (PW-2) was returning from the shop after buying some household articles, the accused/appellant met her and made physical relations with her. According to the prosecutrix she did not disclose the incident to anyone out of shame. Prosecutrix case runs further saying that thereafter the accused/appellant again met her and had sexual intercourse which continued for days together. It is alleged by the prosecutrix that when she disclosed to the accused/appellant about her pregnancy through him, he took her elsewhere and administered some medicine causing termination of her pregnancy. Eventually, FIR (Ex.P-1) was lodged and she was referred for medical examination.

(3.) On the basis of material on record learned Court below found the prosecutrix to be a minor girl having been subjected to forcible and repeated sexual intercourse by the accused/appellant as a result of which she conceived and then was forced to get her pregnancy medically terminated. Accordingly, learned Court below vide judgment impugned dated 08.12.1998 held the accused/appellant guilty under Sections 376 and 312 IPC with imposition of jail sentence of 7 years and 3 years on both counts respectively with fine of Rs.5000 and under each head, plus default stipulations.