KOMALCHAND Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Komalchand who was a police constable has been convicted for an offence under Section 376, I. P. C. and sentenced to R. I. for seven years and fine of Rs. 5,000/-, and in default of payment of fine to undergo further R. I. for one year. Out of the amount of fine, Rs. 4,000/- has been ordered, to be paid to prosecutrix Neeta Khare.

(2.) IN all two persons were put. to trial, namely, Nandkishore and Komalchand. The charge against the accused persons was commission of offences under Sections 366 and 376 of the Indian Penal Code. According to the prosecution, Ku. Neeta Khare was aged 16-17 years at the relevant time and was a student of Class XI in the Maharani Laxmibai Higher Secondary School, Sagar. Sister of co-accused Nandkishore was friend of Neeta Khare and Neeta and Nandkishore knew each other. On 25th of April, 1985 prosecutrix Neeta Khare went to give, the examination but did not come back to the house. According to the prosecution case, she was given some intoxicant and was abducted by the accused persons. She was initially taken from Sagar to Barman Ghat, then to Bhopal and thereafter to Ujjain. At Ujjain she was kept in the house of Ramkunwarbai (P. W. 3) where forcible sexual intercourse was committed with her.

(3.) FATHER of the complainant/prosecutrix, Badri Prasad Khare, was teacher in a Municipal Higher Secondary School. Neeta was his elder daughter. As per school certificate her date of birth is 9-6-1968. The incident took place on 25-4-1985. Thus, according to the prosecution she was below 17 years of age on the said date. Co-accused Nandkishore was a neighbour of Badri Prasad and his sister Satyawati used to visit Neeta. Hence friendship developed between Nandkishore and Neeta.