JHALLI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order of conviction dated 27-12-1996 passed in S.T. No. 112/89 of Additional Judge to Sessions Judge, Morena at Sabalgarh, thereby convicting appellant under Sec. 376, I.P.C. and sentencing him with 10 years' RI and fine of Rs. 1,000/- appellant has come up in appeal seeking redress (sic) praying for setting aside the aforesaid order of conviction and sentence passed against him.

(2.) Facts shorn of details necessary for the disposal of this appeal lie an a narrow compass.On 17-8-1989 when prosecutrix Meena (PW 1), a minor girl, aged 9 years, was playing in her house with her younger sister, Mamta, co-accused Rampa, came there and asked her to accompany him upto Haar (fields), he will offer ground-nuts. She, therefore, left with Rampa and when she reached in the field, appellant-accused Jhalli, who was already waiting there, caught hold of her and threw her on the ground and then raped her. When she tried to cry, appellant placed his hand on her mouth. When bleeding started from vagina, appellant released her, however, co-accused Rampa soon took her under his control and raped her. On being released by Rampa, both the accused persons left her and she came to her house and narrated the incident to her mother and other family members, who took her to police Station Kelaras, where she lodged first information report (Ex. P/1).

(3.) The prosecutrix was referred for medical examination and Dr. (Smt.) Pradeep Saxena (PW 8), who examined her found following injuries on her person :-