LAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal is filed by the Appellant being aggrieved by the judgment, finding and sentence dated 29/11/2008 passed by the Sessions Judge, Bhopal in ST No. 453/2008 whereby the Appellant was convicted for commission of offence punishable under Section 376 read with Section 511 of IPC and sentenced to rigorous imprisonment for five years with fine of Rs. 5,000/-, in default of payment of fine amount, an additional RI for six months.

(2.) Prosecution case, in short, is that on 4/7/2008 at about 3:00 PM in the noon when prosecutrix (PW-1), who was 9 years old girl was in her house at Rajiv Nagar, Bhopal, the Appellant-accused entered her house. At that time both of her brothers were playing outside with other boys. The Appellant-accused asked her to provide some vicks and requested her to rub the vicks on his forehead and then the Appellant-accused started sliding his hand on the person of the prosecutrix. Ultimately he removed the underwear of the prosecutrix and also removed his underwear and then he tried to penetrate, but he could not do it and ultimately he ejaculated by himself by his own hands. Due to his conduct, the underwear of the prosecutrix got with some spots of the semen etc. Thereafter the Appellant-accused left the house. After sometime Pratibha Singh (PW-2), mother of the prosecutrix came to the house and prosecutrix narrated the entire story to her mother, who had washed the clothes of the prosecutrix. She tried to search the Appellant-accused. The Appellant-accused was found in a Dal Mill where he was working. Pratibha Singh (PW-2) assaulted him by a stick and injured him. Thereafter she took Ramkumar, owner of the Dal Mill, with her to the Police Station Bairagarh, Bhopal where she lodged an FIR Ex.P-1 against the Appellant-accused. The police directed the prosecutrix for medical examination, but her mother Pratibha Singh refused to get the medical examination done on her daughter. After due investigation, a charge sheet was filed before the concerned committal Court for commission of offence under Section 376 read with Section 511 of IPC.

(3.) The Appellant-accused denied his guilt and plea was recorded by the learned Sessions Judge. He took the defence that he was falsely implicated, but he did not adduce any defence evidence.