BAHADURSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under section 374(2) of the Code of Criminal Procedure (for short, 'the Code') is directed against the judgment dated 10.1.1991 passed by IV Additional Sessions Judge, Ujjain in S.T. No. 73/89, convicting the accused/appellant Bahadursingh under section 376 and 506 of the IPC and sentencing him to 7 years RI with fine of Rs. 2,000/ for the former and six months RI for the latter.

(2.) THE case of the prosecution in the trial Court was that on 23.9.1988, girl Savita, aged about 9 years, together with her sister Gattabai had gone to the nearby fields of village Masvadiya for grazing goats, when around 3'0 clock in the afternoon, accused Bahadursing took her to a nearby field of Juvar and committed rape on her. He also threatened the prosecutrix with dire consequences, if she told anyone about the incident.

(3.) I have heard Shri B.A. Nigam, LC for appellant and Shri M. Upadhyaya, learned PP for respondent State. It has not been disputed either before the trial Court or before this Court that prosecutrix girl Savita, on the date of incident, was much below the age of 16 years. Infact, she was about 9 years old as noted by the trial Court in her deposition and borne out fully from the ossification test report Ex. P 5 proved by Dr. S.P. Khare PW 8. The only question, therefore, remains for determination is whether she was subjected to sexual intercourse by the appellant a grown up youth aged about 19 years {vide ossification test report Ex. P 8).