MANOJ Vs. STATE OF M P

JUDGEMENT

(1.) The Appellant has preferred this appeal against the impugned judgment dated 6.5.2010 passed in Special Case No. 53/08 by learned Special Judge under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Ujjain (M.P.), whereby convicted the Appellant under Section 376/511 of the Indian Penal Code (for short "the IPC"), sentenced to RI for 10 years with fine of Rs. 10,000/-. In default of payment of fine, he shall suffer additional imprisonment for three months.

(2.) According to the prosecution case, prosecutrix (P.W.-2) aged 7 year belongs to Scheduled Caste community (Chamar), was residing with her parents in front of the house of Appellant and she was going to the Appellant's house for tuition. On 14.3.2008 at 9 a.m. prosecutrix had gone for taking tuition to the house of Appellant; where one Rohit was also present, to whom Appellant directed to go out and took the prosecutrix behind the cot and boxes. Appellant removed her as well as his underwear, thereafter laid down on the prosecutrix. Because of cry raised by prosecutrix, Appellant stood up and made her to wear underwear. Prosecutrix went to her house and on inquiry reported the incident to her mother (P.W.-3) Rupa Bai. Incident was also disclosed to her father (P.W.-4) Peerulal. They called maternal uncle Mayaram, who was residing in other locality, thereafter on the next day in the night at 10.30 p.m. lodged the report (Ex.P/2) in the police station. Prosecutrix was medically examined by P.W.-1 Dr. Aabha Chethaliya. Her MLC report is Ex.P/1. P.W.-5 Dr. Anil Bhargav, after taking x-ray, gave ossification test report (Ex.P/3). Investigating officer prepared the spot map (Ex.P/10) and seized slides of the vaginal swabs of the prosecutrix and her underwear. Seized articles were sent to Forensic Science Laboratory and its report is Ex. CI. The investigating officer recorded the statements of the prosecution witnesses, who were acquainted with the facts of the case and on completion of investigation, filed the charge sheet against the Appellant for the offence under Section 376/511 of "the IPC".

(3.) Appellant denied the charges and his defence was of false implication on account of inimical term with the family of the prosecutrix. He has not examined any witness in defence. Learned trial Court finding the Appellant guilty, convicted and sentenced him as indicated herein-above.