PAPPU @ KARIYA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed under section 374 (2) of Cr.P.C. being aggrieved by judgment of conviction and order of sentence dated 18.3.2002 passed in S.T. No.433/2001 by learned Third Additional Sessions Judge, Rehli under section 354 of IPC and sentenced to undergo rigorous imprisonment for 2 years.

(2.) Prosecution case in short is that on 1.12.2001, complainant Miss. Mandobai D/o. Punnu Rajak, aged about 10 years had gone to see Chandimata Fair in village Ganjora and when at about 6.30 p.m. she was returning back, the appellant caught her hand and took her in hut, there he removed underwear of the prosecutrix and tried to commit rape with her meanwhile her father and one Rishi came with Phula then the appellant ran away leaving the prosecutrix. After due investigation charge-sheet was filed u/s. 376/511 of the IPC.

(3.) Learned counsel for the appellant submitted that appellant has remained in jail from 4.12.2001 to 6.12.2011 (i.e. for 3 days).