GAURI SHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure against the impugned judgment dated 24/4/1995 passed by the learned Additional Sessions Judge, Gadarwara, Narsinghpur in Sessions Trial No.126/1994 whereby appellant has been convicted under Section 376(2)(f) read with Section 511 of IPC and sentenced to undergo RI for four years and fine of Rs.500/-, with default stipulations.

(2.) Facts of the prosecution case in short are that on 28/7/1993 prosecutrix Seetabai (PW2), aged 11 years, trying to sleep her younger sister, aged 2 years, at her house. At that time appellant, neighbour of the2 prosecutrix, came there and caught hold of her, gagged her mouth, sat her on his lap and rubbed his private part (penis) against the private part (vagina) of prosecutrix. In this process, appellant ejaculated and tried to attempt to commit rape on her. Bhagwati Bai (PW4), mother of the prosecutrix, came their and witnessed the activity of appellant. When she scolded, the appellant fled away from the spot. An FIR (Ex.P/3) was lodged at 7.45 pm at police station Kareli. Prosecutrix was sent for medical examination. Dr. Indumati Vishawkarma (PW5) examined her.

(3.) After usual investigation, the appellant was charge sheeted before the Judicial Magistrate, who committed the case to the Court of Sessions Judge.